Opinion

Breault v. Chairman of the Board of Fire Commissioners

  • 401 Mass. 26
  • 513 N.E.2d 1277
  • 1987 Mass. LEXIS 1488
Court
Massachusetts Supreme Judicial Court
Filed
Oct 13, 1987
Status
Published
Author
Wilkins
On the bench
Liacos, Lynch, Wilkins
Cited by
14 cases
Authority
More cited than 10.7%

noting that threats, intimidation, or coercion could be found where, as in the tort sense, the actor “desires to cause [the] consequences of his act, or that he believes that the consequences are substantially certain to result from it”

How later courts described this case

  • noting that threats, intimidation, or coercion could be found where, as in the tort sense, the actor “desires to cause [the] consequences of his act, or that he believes that the consequences are substantially certain to result from it”
  • public official liable for intentional ministerial act in violation of statute

Written by the judges who cited it.

The opinion

Wilkins, J.

(concurring). The court is correct in concluding that the defendant was performing a ministerial act. The court’s opinion, however, unduly complicates this case.

*39 The basic issue is whether the defendant is entitled to immunity under G. L. c. 258, § 2. He is so entitled if § 2 applies to his conduct. Section 2 does not apply to “any claim arising out of an intentional tort.” G. L. c. 258, § 10 (c) (1986 ed.). Some violations of the Civil Rights Act (G. L. c. 12, §§ 11H and 111) should be treated as intentional torts for the purposes of § 10 (c) and others should not be. The intentional conduct which justifies a claim under the Civil Rights Act is not the same as the intentional conduct that is an element of an intentional tort. See. Redgrave v. Boston Symphony Orchestra, Inc., 399 Mass. 93 ,, 99 (1987).

The question whether this claim falls within the scope of G. L. c. 258 remains open in this case. If the claim is based on an intentional tort, such as an intentional violation of civil rights, I agree that the defendant is not immune from liability. If the claim is based on ministerial conduct which was not undertaken with the intention of depriving the plaintiff of his civil rights, the wrong would not be intentional and § 2 immunity would be available.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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