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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Crabtree v. Castinetti, 122 N.E.3d 1100 (2019)

Citation
Crabtree v. Castinetti, 122 N.E.3d 1100 (2019)
Parent Document
Crabtree v. Castinetti, 122 N.E.3d 1100 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-01-18

Full Text

728 chars
The MTCA exempts a public employer from liability for "its employee's intentionally tortious conduct." Nelson v. Salem State College, 446 Mass. 525, 537 (2006). See G. L. c. 258, § 10 (c ) ; Cachopa v. Stoughton, 72 Mass. App. Ct. 657, 665 (2008) (under G. L. c. 258, § 10 (c ), "municipalities are not liable for any claim arising out of an intentional tort"). The MTCA also exempts from liability certain discretionary functions performed by either a public employer or a public employee. See G. L. c. 258, § 10 (b ). Although the defendants argue that these exemptions apply to them, we conclude that Crabtree's claims against the defendants do not fall under the purview of the MTCA because they assert individual liability.