Legal Opinion

Maimaron v. Commonwealth

Massachusetts Supreme Judicial Court

Decided May 14, 2007PublishedCited by 19 opinions

1Opinion of the CourtGreaney, J.

On November 2, 1998, the plaintiff Mark Maimaron brought an action in the Superior Court under the Massachusetts Tort Claims Act, G. L. c. 258, against State Trooper David Oxner, several other State troopers, and the Commonwealth, seeking to recover damages for injuries he sustained as the result of an alleged illegal seizure and arrest. The incident involved an altercation in 1995, when Oxner was not on duty (underlying action). Maimaron asserted that Oxner had violated his civil rights as protected by Federal and State constitutional law and statutes, 42 U.S.C. § 1983 (2000), and G. L. c.…

2Cases cited34 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. West v. AtkinsSupreme Court of the United States · 1988
  3. Monroe v. PapeSupreme Court of the United States · 1961
  4. Smith v. WadeSupreme Court of the United States · 1983
  5. Wilfredo Martinez, A/K/A Wilfredo Martinez Rodriguez v. Rafael Colon, A/K/A Rafael Colon PizarroCourt of Appeals for the First Circuit · 1995

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3Cited by19 opinions

  1. Noonan v. Staples, Inc.Court of Appeals for the First Circuit · 2009
  2. Metropolitan Property & Casualty Insurance Co. v. MorrisonMassachusetts Supreme Judicial Court · 2011
  3. Doe v. FournierDistrict Court, D. Massachusetts · 2012
  4. Winbrook Communication Services, Inc. v. United States Liability Insurance Co.Massachusetts Appeals Court · 2016
  5. Brown v. Office of the Commissioner of ProbationMassachusetts Supreme Judicial Court · 2016

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