Deas v. Dempsey

The sole issue here is the correctness of the trial judge’s allowance of the defendant’s motion for summary judgment. This resulted in dismissal of the plaintiff’s complaint which sought to make out.a case under the Massachusetts Civil Rights Act, G. L. c. 12, § 111. We transferred the plaintiff’s appeal to this court on our own motion. There was no error.

The test whether a motion for summary judgment should be allowed is twofold: whether there exists a genuine issue of material fact after consideration of the pleadings, depositions, answers to interrogatories and affidavits; and whether the…