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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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[13] We cite Wheeler v. Boston Hous. Auth., 34 Mass. App. Ct. 36 (1993), here only to support the proposition that the decision whether to provide security guards is a discretionary decision. The defendants argue that the holding in Wheeler bars the plaintiffs' entire action. We disagree. Wheeler was a personal injury claim grounded in negligence and brought pursuant to the Massachusetts Tort Claims Act, G.L.c. 258 (1992 ed.). Wheeler, supra at 36-37. The plaintiffs make no claim for personal injury and assert no negligence cause of action. By its own terms, the Tort Claims Act relates only to actions for "injury or loss of property or personal injury or death." G.L.c. 258, § 2.