Articles Posted in Federal Tort Claims Act

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Unfortunately, bullying happens in schools all over Massachusetts every day. The Massachusetts Supreme Judicial Court issued a ruling earlier this year that clarifies who can be sued when a student suffers physical injuries from bullying. In the case at issue, an elementary school student was pushed down the stairs by a classmate in an act of bullying. The court affirmed a motion to dismiss after a lawsuit was brought against Lynn Public Schools, the school district in Massachusetts where the bullying occurred. The court held that the Massachusetts Tort Claims Act bars this case from going forward and essentially shields the district from liability for this and similar incidents. This does not necessarily mean the family of the injured student has no civil recourse; there may still be other people who could be held responsible for his injuries. Knowing who should be sued can be complicated due to laws like the Tort Claims Act and similar legislation. That’s why it’s so important to contact a skilled Massachusetts personal injury attorney if you are injured. If you don’t include all of the necessary parties, you may lose your chance to hold them accountable.

The Massachusetts Tort Claims Act

The Massachusetts Tort Claims Act specifies that public employers are liable for negligent or wrongful acts when they are committed by employees acting within the scope of their employment. However, the act includes an exception to liability when the violent or tortious act was committed by a third party, unless the employee was the original cause of the situation.

In a Massachusetts tort case, a prisoner who was incarcerated at FMC Devens filed a pleading captioned as a petition for a writ of habeas corpus under 28 U.S.C. § 2241. He alleged that while he was incarcerated at FCC Butner, prison staff members negligently failed to secure his personal property while he was in the special housing unit. As a result, his property was stolen. On March 3, 2017, he filed with the Bureau of Prisons (“BOP“) an administrative tort claim concerning the loss of his property. The government denied the claim, concluding that there was not any evidence of negligence on the part of any BOP staff member. The plaintiff sought $663.95 in damages.

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The U.S. District Court for the District of Massachusetts held that the pleading failed both as a habeas and as a tort action. This blog post will focus exclusively on the tort issue.

The Federal Employees Reform and Tort Compensation Act of 1988, or the “Westfall Act,” 28 U.S.C. § 2679(b), provides that a lawsuit against the United States under the Federal Tort Claims Act (“FTCA“) is the exclusive remedy for property loss, injuries, or death arising or resulting from the negligent or wrongful act or omission of any employee of the government while acting within the scope of his office.

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