Legal Opinion
Vining v. Commonwealth
Massachusetts Appeals Court
Decided June 8, 2005No. 04-P-835PublishedCited by 13 opinions
1Opinion of the CourtGraham, J.
We must decide whether the loss by court officers of property seized from a person in their custody gives rise to a cause of action under the Massachusetts Tort Claims Act (Act), G. L. c. 258. We hold that the exemption in G. L. c. 258, § 10(4), precludes recovery against the Commonwealth and affirm the ruling of a judge of the Superior Court dismissing the plaintiffs complaint.
*691Background. On or about September 16, 1998, the plaintiff was arrested and taken into custody by an officer of the Somerville police department. At the booking, an inventory was taken of the plaintiff’s personal…
2Cases cited22 opinions
- Schrob v. CattersonCourt of Appeals for the Third Circuit · 1991
- Kosak v. United StatesSupreme Court of the United States · 1984
- Sena v. CommonwealthMassachusetts Supreme Judicial Court · 1994
- J. A. Sullivan Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1986
- Dinsky v. Town of FraminghamMassachusetts Supreme Judicial Court · 1982
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3Cited by13 opinions
- Sullivan v. Chief Justice for Administration & Management of the Trial CourtMassachusetts Supreme Judicial Court · 2006
- Barrows v. Wareham Fire DistrictMassachusetts Appeals Court · 2012
- Lopes v. RiendeauDistrict Court, D. Massachusetts · 2016
- Irwin v. CommonwealthMassachusetts Supreme Judicial Court · 2013
- Maraj v. MassachusettsDistrict Court, D. Massachusetts · 2011
8 more not listed; retrieve them via the Exa API.