Legal Question in Civil Rights Law in Massachusetts
When filing a civil suit against a city and their police department, is their a time limit after the Jury verdict(not guilty)was reach or is the time limit from the date of the alleged offence? also, is there a monetary cap for suing a city and can the officers be sued individually, Thank you
2 Answers from Attorneys
The time limit is after the incident, not after a jury verdict. There is a prerequisite to filing an action in negligence against a municipality called "Presentment" described in Mass Gen Laws ch. 258. Without following that procedure, your case will be dismissed. Under the Mass Torts Claims Act the monetary cap is $100,000. You may sue the officers individually for actions not covered by the Torts Claims Act, but a broad doctrine of Qualified Immunity holds the officers immune from liability for many of their actions. It's hard to say more without knowing what happened.
The Mass tort claims act deals with negiligent acts of the public employees. It mandates that you submit a notice to the town within two years of the incident so they can investigate it. The employees are immune for negligent acts but are not covered for Intentional misconduct. Dmitry is correct in stating that more facts are necessary to have a good opinion.
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