Slaven v. City of Salem

The plaintiff, as administratrix of her brother’s estate, commenced an action against the defendant (city) pursuant to G. L. c. 258, the Massachusetts Tort Claims Act. The plaintiff appeals and challenges the correctness of an order by a Superior Court judge granting the defendant’s motion for summary judgment. Mass. R. Civ. P. 56, 365 Mass. 824 (1974). We transferred the appeal here on our own motion and we now affirm.

The tragic facts underlying this appeal are shown in the plaintiff’s complaint, deposition testimony, and the city’s affidavits. Joseph Fitzgibbons, a prisoner in the custody…