Cohen v. Commonwealth

Wilkins, Douglas H., J.

In this case, Barry M. Cohen alleges that he was arrested without probable cause because inadequate training led the clerk-magistrate to issue an arrest warrant in response to pressure placed upon him by members of the Newton Police Department. The defendant, Commonwealth of Massachusetts has moved to dismiss under Mass.R.Civ.P. 12(b)(6) on grounds of sovereign immunity. The plaintiff has opposed the motion. After hearing and upon consideration of the parties’ written submissions, the motion to dismiss is ALLOWED.

BACKGROUND

Directly or by inference, the complaint…