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Civil Procedure Keyed to Glannon
Slaven v. City of Salem
Citation:438 N.E.2d 348 (Mass. 1982)
Plaintiff’s brother committed suicide by hanging in jail after he was arrested for open and gross lewdness. Plaintiff, as the administratrix of her brother’s estate, brought an action against the city under the state (Massachusetts) Tort Claims Act. The Massachusetts Superior Court granted a motion for summary judgment made by the city. The plaintiff appealed, arguing that the court erred in granting summary judgment because there was a genuine issue of material fact regarding whether the city (i.e., the police) knew or had reason to know of her brother’s suicidal tendency.
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