Haggerty v. Iannacci

This is a civil action brought by Francis X. Haggerty (“Haggerty”), individually and by his guardian James M. Haggerty, against Joseph lannacci (“lannacci”) and the Commonwealth of Massachusetts (“Commonwealth”). Haggerty and the Commonwealth have filed cross-motions for summary judgment on counts III and IV of Haggerty’s First Amended Complaint.1 For the reasons stated below, judgment is allowed for Haggerty.

BACKGROUND

The record in this case indicates that the following material facts are undisputed:

Haggerty has a drug and alcohol problem of long standing. In 1994, Haggerty made the…