2 days Ago By Rick Sobey
A statie who has been sued in federal court for alleged speed ticket “selective enforcement” is pushing back as he tries to get the lawsuit tossed.Woburn man Mikhael El-Bayeh, who previously sued Mass State Police Trooper Michael Sierra in state court, recently brought his effort to U.S.
District Court.The driver is arguing that Sierra gave him a speeding ticket while the trooper allegedly looked the other way for public safety employees, who were reportedly driving much faster.El-Bayeh is accusing the statie and Mass State Police of “selective enforcement” when it comes to speeding tickets, which he says would violate the 14th Amendment’s Equal Protection Clause.
“In their enforcement of the traffic laws against El-Bayeh, Defendants MSP and/or Sierra have selectively treated El-Bayeh unfavorably by charging him with a speeding offense, and thereby claiming an assessment and collateral penalties against him while other similarly situated individuals were only given warnings,” the lawsuit reads.The suit goes back to August of 2021 when Sierra stopped El-Bayeh on Route 3 in Burlington. El-Bayeh was driving 72 mph in a 55 mph zone.
Sierra charged El-Bayeh with a speeding offense, which carried a fine of $175.Then in March of 2022, Sierra stopped a correction officer on Route 3 in Bedford. The officer was wearing a Middlesex Sheriff’s Office patch on his jacket at the time.
According to body cam footage, Sierra told the driver that he had been driving 95 mph in a 55 mph zone. The trooper ended up giving the correction officer only a written warning.Later that year, Sierra stopped a Lincoln firefighter on Route 2 in Littleton.
The firefighter was wearing a hat with “LFD” for Lincoln Fire Department. Sierra told the driver that he had been driving 86 mph in a 55 mph zone, according to the body cam footage. The firefighter only got a written warning.
“Defendants MSP and/or Sierra’s adverse treatment of El-Bayeh and favorable treatment of other similarly situated individuals was based on an arbitrary classification — affiliation with a governmental entity,” the lawsuit reads.El-Bayeh is alleging that Sierra’s decision to give warnings to those two public safety workers was “irregular.” He also contends that it would “not have been unusual” to issue him a warning instead of a ticket.
Now, Sierra — who took home more than $134,000 last year, according to the state payroll database — is calling for the federal district judge to toss the case.Sierra in his “motion to dismiss” notes that this is the second civil rights action that El-Bayeh has filed against Sierra based on the speeding ticket.El-Bayeh previously sued the trooper in Middlesex Superior Court.
That lawsuit was dismissed, which was upheld by the Appeals Court.“..
. This Court lacks subject matter jurisdiction over such claims based on sovereign immunity,” Sierra’s motion to dismiss reads. “Second, Mr.
El-Bayeh’s federal action is barred under the doctrine of res judicata (he can’t bring the same claims against Sierra after they were previously dismissed).“Additionally, Mr. El-Bayeh’s complaint should be dismissed based on a missed statute of limitations as his filing in this Court comes some six months and twenty-three days after the statute of limitations expired, and Tpr.
Sierra is entitled to immunity for his actions taken in issuing Mr. El-Bayeh a citation for speeding,” the motion to dismiss continues.Sierra also noted the two written warnings that El-Bayeh brought up in his suit.
“Mr. El-Bayeh seeks to turn Tpr. Sierra’s discretionary acts into a violation of a constitutional nature.
His attempt fails because he does not assert that Tpr. Sierra intentionally discriminated against him based on his membership in a protected class,” the motion to dismiss reads. “Since Mr.
El-Bayeh does not allege any facts to claim membership in a protected class, nor does he allege being treated differently than similarly situated drivers due to ill-will or illegitimate animus, his Equal Protection Clause claim fails.”Related ArticlesMassachusetts driver who allegedly fell asleep drunk chased by State Police, arrested after troopers deflate tiresEx-Mass State Police trooper pleads guilty to CDL conspiracy as another goes on trialEx-Massachusetts State Police trooper accused of falsifying CDL test scores agrees to plead guiltyBrockton police identify 22-year-old ‘armed and dangerous’ suspect wanted for fatal shooting of two teensMassachusetts police make big fentanyl bust, arrest convicted drug dealerEl-Bayeh is also suing Middlesex DA Marian Ryan and Registrar of Motor Vehicles Colleen Ogilvie.Ryan, Ogilvie, and Mass State Police have also filed a motion to dismiss with help from the Attorney General’s Office.
They’re claiming that the federal court does not have jurisdiction.“El-Bayeh’s complaint must be dismissed for multiple reasons,” their motion to dismiss reads. “First, under the doctrine of sovereign immunity this Court lacks jurisdiction to hear Plaintiff’s claims against the Commonwealth Defendants; second, Plaintiff’s claims are barred by res judicata (claim and issue preclusion); third, Plaintiff’s claims are barred by the applicable statute of limitations; and finally, Plaintiff fails to state a plausible claim upon which relief may be granted against the Commonwealth Defendants.
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