Massachusetts Tort Claims Act
Appeals Court of Massachusetts,
Shirley P. ARIEL vs. TOWN
June 6, 2007.
The court ruled that the police negligently directing traffic which results
in an accident can’t be sued nor can the town for which the work.
The court went on to find that Immunities provided by
the Massachusetts Tort Claims Act's provision setting forth independent bases for immunity from suit operate in the alternative;
even if one immunity contains an exception that would permit a claim to be brought, that claim is barred if any of the other
tests forced on employees
Furtado vs. Town
Decided June 11,2007
Mass. Appeals Court
(Public) Employees can be discharged for refusing to answer questions narrowly drawn and specifically related
to their job performance, where the answers cannot be used against them in a criminal proceeding.
Without a grant of immunity from future criminal prosecution, a law enforcement agency would not be allowed to
lawfully administer to its employee a polygraph test within the exception of the statute excepting lie detector tests administered
by law enforcement agencies in criminal investigations from prohibition on employers using lie detector tests. M.G.L.A. c. 149, § 19B(2).
department could require police officer to take polygraph test regarding allegations of criminal conduct by officer, under
the exception to prohibition on employers using lie detector tests for “lie detector tests administered by law enforcement
agencies as may be otherwise permitted in criminal investigations,” even though district attorney would not press criminal
charges against the officer, where internal departmental investigation continued after grant of immunity to officer and clearly
concerned allegations of criminal conduct as distinguished from violations of terms of employment or rules associated therewith.
M.G.L.A. c. 149, § 19B(2).