Ortiz v. County of Hampden

The plaintiff brought an action in which he alleged that negligent record keeping on the defendant’s part resulted in the issuance of a default warrant for the plaintiff, Ramon Ortiz, rather than for one Ramon A. Ortiz, who is eighteen years younger than the plaintiff. As a result of the issuance of the warrant, the plaintiff was arrested and imprisoned. The action was dismissed under Mass.R.Civ.P. 12(b), 365 Mass. 755 (1974), on the ground that the claim is, in effect, one of false imprisonment which is precluded by the Massachusetts Tort Claims Act, G. L. c. 258, § 10(c), inserted by St.…