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BANNISTER v. COMMONWEALTH

411 Mass. 130 (1991)

579 N.E.2d 163

ALBERT BANNISTER, JR. vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

October 3, 1991.

Attorney(s) appearing for the Case

Richard L. Neumeier for the plaintiff.

Eleanor L. Coe, Assistant Attorney General, for the Commonwealth.

Present: LIACOS, C.J., NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

NOLAN, J.

The plaintiff brought this action under G.L.c. 258 (1990 ed.), the Massachusetts Tort Claims Act, for injuries sustained on October 4, 1982, while he was a prisoner at the Massachusetts Correctional Institution, Walpole (M.C.I., Walpole). The injuries arose out of an altercation which followed the plaintiff's assault on another inmate. The gist of the plaintiff's action is the failure of the authorities at M.C.I., Walpole to provide him with protection from...

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