Devlin v. Commonwealth
83 Mass. App. Ct. 530
| Mass. App. Ct. | 2013Background
- Devlin civilly committed for alcoholism under G. L. c. 123, § 35, housed at Bridgewater addiction center with other civiles, guards, IPS, and trustees.
- An inmate-convict assaulted Devlin while Devlin attempted to use a telephone in the area.
- Devlin was later subjected to intimidation by IPS officers, stripped, and confined before medical treatment.
- Injury included facial fractures and loss of sight in the left eye; treated at Brockton Hospital and Mass. Eye and Ear.
- Jury found Commonwealth liable for negligence; remittitur reduced verdict to $100,000 under G. L. c. 258, § 2; appeal follows.
- Court analyzes MTCA immunity defenses under §§ 10(h) and 10(j) and separation requirements in § 35.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 10(h) immunity applies to the conduct at issue. | Devlin | Commonwealth | No immunity; discretion not involved; statute requires separation. |
| Whether the separation requirement in § 35 governs contact with convicts in the housing area. | Devlin | Commonwealth | Statute requires civilly committed to be housed and treated separately from criminals. |
| Whether the Commonwealth's act of allowing convicts to work in the area was an original cause under § 10(j). | Devlin | Commonwealth | Yes; acts materially contributed to harm. |
| Whether the evidence supported the negligence finding. | Devlin | Commonwealth | Evidence sufficient to sustain judgment. |
Key Cases Cited
- Harry Stoller & Co. v. Lowell, 412 Mass. 139 (1992) (discretionary-function immunity analyzed for policy vs. operational decisions)
- Whitney v. Worcester, 373 Mass. 208 (1977) (public policy and planning discretion limits)
- Kent v. Commonwealth, 437 Mass. 312 (2002) (original-cause concept under MTCA § 10(j))
- Harrison v. Mattapoisett, 78 Mass. App. Ct. 367 (2010) (original-cause contribution under MTCA)