Schenker v. Binns

The general structure of G. L. c. 258, the Massachusetts Tort Claims Act (Act), imposes liability on a public employer for a public employee’s negligent act performed within the scope of his employment and relieves the public employee from liability. See G. L. c. 258, § 2, set forth in relevant part in the margin. 2 The question before us is whether by casting what is essentially a negligence action in terms of contract or assault and battery, the plaintiff can exclude his claims from the operation of the Act.

The plaintiff’s original complaint, in separate counts against each defendant,…