Legal Opinion
Foley v. Lowell Division of the District Court Department
Massachusetts Supreme Judicial Court
Decided December 15, 1986PublishedCited by 42 opinions
1Opinion of the CourtLynch, J.
The plaintiff, Michael J. Foley, brought this action before a single justice of this court under G. L. c. 211, § 3 (1984 ed.), seeking dismissal of a complaint against him for assault and battery on a police officer. After a hearing, the single justice denied relief, and Foley appealed to the full court. Foley contends that as a result of the action of the judge in a District Court he has been subjected to double jeopardy, abuse of process, and cruel and unusual punishment.
The allegations of the complaint filed under G. L. c. 211, § 3, are as follows: On February 5, 1983, Foley was assaulted…
2Cases cited16 opinions
- Justices of Boston Municipal Court v. LydonSupreme Court of the United States · 1984
- Commonwealth v. DuquetteMassachusetts Supreme Judicial Court · 1982
- Gurvan B. Brown v. Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1960
- Vertia Boyd v. Raymond AdamsCourt of Appeals for the Seventh Circuit · 1975
- Soja v. T. P. Sampson Co.Massachusetts Supreme Judicial Court · 1977
11 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 2000
- Breault v. CHAIRMAN OF BD, FIRE COMMR. OF SPRINGFIELDMassachusetts Supreme Judicial Court · 1987
- Donnell Johnson v. William Mahoney, Daniel Keeler, the City of Boston and Paul F. EvansCourt of Appeals for the First Circuit · 2005
- First Justice of the Bristol Division of the Juvenile Court Department v. Clerk-magistrate of the Bristol Division of the Juvenile Court DepartmentMassachusetts Supreme Judicial Court · 2003
- Lavallee v. Justices in the Hampden Superior CourtMassachusetts Supreme Judicial Court · 2004
37 more not listed; retrieve them via the Exa API.