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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 32D

Citation
Section 32D
Parent Document
Doe v. New Bedford Housing Authority, 630 N.E.2d 248 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-03-14

Other Sections in This Document (121)

Full Text

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*278 The defendant argues that the plaintiffs' complaint did not contain a specific request that the court order the defendant to take action under § 32C, but, rather, contained a request that the court order the defendant to provide security against the unlawful acts described in § 32C. We agree that the plaintiffs specifically did not request an order compelling the defendant to take action under § 32C, but we note that the complaint contained a general prayer for relief. In addition, the plaintiffs alleged undisputed facts sufficient to make out a cause of action under § 32D and also referred to the court's power to issue an order compelling the defendant to take action pursuant to § 32C. Given the liberality with which we read complaints in the Commonwealth, see, e.g., Santana v. Registrars of Voters of Worcester, 384 Mass. 487, 491 (1981), S.C., 390 Mass. 353 (1983), we conclude that the plaintiffs' complaint sufficiently stated a cause of action and request for relief under the statute.