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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

1,057 chars
With regard to G. L. c. 258, § 10 (b ), where individuals "are being sued only in their individual capacities ... the [MTCA], and its relevant discretionary function exemption ..., does not apply." Nelson, 446 Mass. at 537. Similarly, G. L. c. 258, § 10 (c ), does not bar intentional tort claims against defendants being sued in their individual capacities. See South Boston Betterment Trust Corp. v. Boston Redev. Auth., 438 Mass. 57, 69 (2002), citing G. L. c. 258, § 10 (c ) ("Because the [public employee] has been sued individually for an intentional tort, G. L. c. 258 does not apply"). See also Parker v. Chief Justice for Admin. & Mgt. of the Trial Court, 67 Mass. App. Ct. 174, 180 (2006) ("With respect to intentional torts, ... claims against the public employer are barred but may be asserted against the public employee in his individual capacity" [citation omitted] ); Howcroft v. Peabody, 51 Mass. App. Ct. 573, 596 (2001) (intentional tort claims against defendants "in their individual capacities are not barred by governmental immunity").