Kent v. Commonwealth

In this case we hold that a public employer has a right to interlocutory review of the denial of its motion to dismiss based on a claim of immunity, even if the granting of *313the motion would not dispose of the entire case against it. We also conclude that the Commonwealth’s motion to dismiss the plaintiffs’ negligence claims should have been granted because, as a matter of law, the decision of the Massachusetts parole board to release a violent prisoner to a deportation warrant of the Immigration and Naturalization Service (INS) was not the proximate cause of the plaintiffs’ injuries nor the…