Legal Opinion

Rivera v. Com. of Mass.

District Court, D. Massachusetts

Decided July 30, 1998No. CIV. A. 97-12236-DPWPublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WOODLOCK, District Judge.

In this case, a fourteen-year-old boy and his mother seek recovery from the Commonwealth of Massachusetts, the City of Boston, and individual officers for alleged negligence in the issuance and execution of an arrest warrant for the boy. The Massachusetts Tort Claims Act does not permit an action for negligence against an individual public employee. The action may proceed instead against the public employer. In this connection, however, I find the Commonwealth has not waived its Eleventh Amendment immunity from litigation of this matter in the…

2Cases cited15 opinions

  1. Kentucky v. GrahamSupreme Court of the United States · 1985
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  4. Daniels v. WilliamsSupreme Court of the United States · 1986
  5. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977

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3Cited by15 opinions

  1. Caisse v. DuboisCourt of Appeals for the First Circuit · 2003
  2. Canales v. GatzunisDistrict Court, D. Massachusetts · 2013
  3. Sepulveda v. UMass Correctional Health CareDistrict Court, D. Massachusetts · 2016
  4. Nextel Communications of the Mid-Atlantic, Inc. v. Town of HansonDistrict Court, D. Massachusetts · 2004
  5. Cichocki v. Massachusetts Bay Community CollegeDistrict Court, D. Massachusetts · 2016

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