Legal Opinion

Claudio v. City of Chicopee

Massachusetts Appeals Court

Decided April 5, 2012No. 10-P-1409PublishedCited by 3 opinions

1Opinion of the CourtAgnes, J.

This case arises from the sexual abuse of the plaintiff, Yolanda Claudio, by Joshua Mozeleski, a former police officer for the city of Chicopee (city). After a jury trial, Mozeleski was found liable to Claudio for his tortious conduct, which is described in more detail below.1 However, the trial judge *545allowed a directed verdict in favor of the city as to Claudio’s 42 U.S.C. § 1983 (2006) claim. Claudio now appeals, arguing that the judge incorrectly applied the standard for municipal liability enunciated in Canton v. Harris, 489 U.S. 378, 388-392 (1989) (Canton). We affirm.

Factual background.…

2Cases cited20 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  3. City of Canton v. HarrisSupreme Court of the United States · 1989
  4. Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997
  5. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986

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3Cited by3 opinions

  1. Johnson v. FreiMassachusetts Appeals Court · 2018
  2. Thyng v. City of QuincyMassachusetts Superior Court · 2014
  3. Weiss v. Loomis, Sayles & Co., Inc.Massachusetts Appeals Court · 2020

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