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Civil rights – Involuntary hospital admission
Where a plaintiff has brought suit over his involuntary hospital admission, the defendants should be awarded summary judgment on Counts I (42 U.S.C. §1983) and II (G.L.c. 12, §11I) but not as to Counts III (Massachusetts Privacy Act, G.L.c. 214, §1B) and IV (intentional infliction of emotional distress).
For court interpreters, turbulent times under new leader’s reign
Massachusetts court interpreters say remote interpretation policies and reimbursement changes threaten language access, morale and court equity.
Civil rights – Municipal liability – Vacated conviction
Where the defendant city of Boston has moved to dismiss a complaint filed by a plaintiff alleging that he was framed by three detectives, the city’s motion should be denied with respect to Count III (42 U.S.C. §1983), as the plaintiff has stated a plausible claim under Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 694 (1978), but allowed with respect to Counts IX (negligen[...]
Trump’s effort to make Federal Death Penalty Great Again
The DOJ in Donald Trump’s second term is looking around the country for opportunities to bring federal capital charges. Massachusetts may at some point present such an opportunity.
Herald defeats defamation suit by former Boston Water and Sewer official
A Superior Court judge dismissed a former BWSC executive's defamation lawsuit against the Boston Herald, citing the fair report privilege and lack of actual malice.
Civil rights – Standing – Secret recordings
Where plaintiffs challenged the State Police’s “record-and-withhold” program, a motion to dismiss should have been allowed because the plaintiffs have not alleged an injury in fact with sufficient concreteness or imminence to establish standing.
Lawsuit alleges racial segregation in Massachusetts schools
A lawsuit in Suffolk Superior Court alleges that Massachusetts public school students are segregated by race in violation of the state Constitution.
Civil rights – Issue preclusion – Traffic stop
Where a civil rights action has been brought by plaintiffs who allege that they were targeted and stopped by law enforcement based on their race, the defendant officers’ motion to dismiss should be denied despite their assertion that the plaintiffs are precluded from arguing that the stop of their vehicle was improper because one of the plaintiffs admitted to a finding of responsibility for fail[...]
Civil rights – DCF – Warrantless seizure
Where a suit has been filed over the removal of two children from a home, summary judgment should be denied as to a Fourth Amendment claim of unlawful seizure asserted by the children against two defendant employees of the Massachusetts Department of Children and Families.
Immigrant protection bills headed for House-Senate conference talks
Legislation aimed at protecting immigrants has passed both chambers of the Legislature and now moves to a House-Senate conference to reconcile differences.
Civil rights – Alternate service – Futility
Where a plaintiff has moved for leave to amend his complaint to add a deceased State Police officer as a defendant and to serve process on the commonwealth as the indemnitor of that officer, the plaintiff’s motion should be allowed because his request to serve the commonwealth is not premature, nor would the proposed claims would be futile.
Trump administration investigating Smith for admitting transgender women
The U.S. Department of Education is investigating Smith College, an all-women’s college in Northampton, for admitting transgender women.
