Kenneth P. Neiman

How Judge Neiman rules, drawn from 8 signed orders. Every observation links to the order it came from.

Judge Neiman no longer sits on this court. This profile is preserved as a historical record of how they ruled here.

Court
United States District Court for the District of Massachusetts
Position
Magistrate judge
Status
Left this court 2015
Served
1995–2015
Appointed by
Judges of the United States District Court for the District of Massachusetts
Commissioned
January 5, 1995
Education
Tufts University, B.A., 1967; Harvard Law School, J.D., 1971
Signed orders read
8

About Judge Neiman

Kenneth P. Neiman served as a U.S. magistrate judge for the District of Massachusetts from January 5, 1995, until his retirement on January 5, 2015. He has served on recall since January 6, 2015, concentrating on mediation. He earned degrees from Tufts University and Harvard Law School.

How Judge Neiman decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Koss v. Palmer Water Department, he required production of most internal-investigation materials because the employer's affirmative defense placed the investigation at issue, while preserving narrow legal-advice redactions.

“[b]y raising the Faragher-Ellerth defense . . . Defendants deliberately placed the internal investigation of Plaintiff’s complaints at issue in this lawsuit”

For habeas equitable tolling, he requires both an extraordinary circumstance beyond the petitioner's control and diligent pursuit of rights; ordinary pro se difficulty is insufficient.

“a habeas petitioner seeking to invoke equitable tolling must demonstrate that (1) ‘extraordinary circumstance’ prevented him from filing within the statutory deadline and that (2) he has pursued his rights diligently.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Stern v. City of North Adams
3:10-cv-11814-MAP · 2011-05-02
Motions to dismiss (defendant) Granted

“the court recommends, first, that the Municipal Defendants’ and Darcangelo and Morey’s motions to dismiss be ALLOWED”

Motions to dismiss (defendant) Granted
Judgment on the pleadings (defendant) Granted

“second, that Coury’s motion for judgment on the pleadings be ALLOWED.”

Dunn v. Brown
3:10-cv-11383-FDS · 2011-08-16
Summary judgment (defendant) Granted

“The court obviously does not agree and recommends that Defendants’ motion for summary judgment be ALLOWED.”

Santiago v. Keyes
3:11-cv-30248-KPN · 2012-03-08
Motions to remand (plaintiff) Denied

“For the reasons stated, Plaintiff’s motion to remand is DENIED.”

Motions to dismiss (defendant) Granted in part

“Defendant Department of State Police’s motion to dismiss is ALLOWED as to Counts I and V, as well as to Count III, to the extent that count includes claims against the Department of State Police under 42 U.S.C. §§ 1983, 1985 and Mass. G. L. c. 12, §§ 11H and 11I. The Department of State Police’s motion to dismiss is hereby DENIED as to Count IV, and as well to Count III, to the extent that count includes claims under Mass. G. L. c. 258.”

Dicenzo v. Probate and Family Court Department, Berkshire Division
3:12-cv-30067-MAP · 2012-06-11
Motion for leave to proceed in forma pauperis (plaintiff) Granted

“Plaintiff’s Motion to Proceed in forma pauperis (Docket No. 2) is ALLOWED.”

Boyce v. Commonwealth of Massachusetts
3:12-cv-30161-MAP · 2013-03-13
Motions to dismiss (defendant) Granted

“For the reasons stated, the court recommends that Respondent’s motion to dismiss be ALLOWED.”

Talley v. Berkshire County House of Correction
3:12-cv-30138-MAP · 2013-08-16
Motions to dismiss (defendant) Granted

“For the reasons stated, the court recommends that Defendant’s motion to dismiss be ALLOWED.”

Koss v. Palmer Water Department
3:12-cv-30170-MGM · 2013-10-07
Motion for reconsideration or clarification (defendant) Granted in part

“Defendants’ motion is ALLOWED in part and DENIED in part as described above.”

Cruz v. City of Holyoke
3:12-cv-30159-KPN · 2014-11-21
Summary judgment (defendant) Granted in part

“Defendants City of Holyoke, Lieutenant David Pratt, Detective Brian Duke and Detective Anthony Brach’s Motion for Summary Judgment is GRANTED with respect to Counts I, II (as to Duke and Brach only), III, IV, and VI through IX but DENIED as to Counts II and V, both in regard to Pratt only.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 174 days (N = 15).

Median motion-to-ruling time: 4 days (N = 14).

The fifteen terminated consent matters included civil-rights, employee-benefits, labor, administrative-review, insurance, Social Security, copyright, environmental, and personal-injury disputes.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202600
Sep 202500
Mar 202500
Sep 202400
Mar 202400
Sep 202300
Mar 202300
Sep 202200
Mar 202200
Sep 202100
Mar 202100

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

A historical record

Judge Neiman no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.