J. K. v. Commonwealth

While walking home in Provincetown on the night of November 1, 1980, the plaintiff was accosted by two men who were lodged at a local inn by arrangement on behalf of the Commonwealth (defendant). The men were Commonwealth witnesses to a murder. For four hours, the men repeatedly raped the plaintiff. She brought this action under G. L. c. 258, alleging that the defendant had placed these men in Provincetown with knowledge that they were dangerous and without taking measures for their supervision or monitoring. On the undisputed facts, a Superior Court judge concluded that she was constrained…