Legal Opinion

Hayes v. Town of Orleans

Massachusetts Appeals Court

Decided January 24, 1996No. 93-P-922PublishedCited by 5 opinions

1Opinion of the CourtDreben, J.

The issue before us in this negligence action against the town under G. L. c. 258, § 2, is whether, as the motion judge ruled, the plaintiffs’ action is barred on principles of res judicata by a prior judgment in the Federal court. We hold that summary judgment properly entered for the defendant.

*683The complaint in the Federal action, filed by the plaintiffs on December 18, 1986, alleged that on or about September 14, 1985, two police officers of the town of Orleans illegally placed the plaintiffs in protective custody and, during such custody, assaulted and beat them. As a result, the…

2Cases cited20 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  4. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  5. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981

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3Cited by5 opinions

  1. Giragosian v. RyanCourt of Appeals for the First Circuit · 2008
  2. City of Salem v. Massachusetts Commission Against DiscriminationMassachusetts Appeals Court · 1998
  3. Bergeron v. BuschMichigan Court of Appeals · 1998
  4. Bergeron v. BuschMichigan Court of Appeals · 1998
  5. MacDonald v. City of EverettMassachusetts District Court, Appellate Division · 1999

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