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BAPTISTE v. SHERIFF OF BRISTOL COUNTY

No. 91-P-1321.

35 Mass. App. Ct. 119 (1993)

617 N.E.2d 641

EVA BAPTISTE, administratrix, vs. SHERIFF OF BRISTOL COUNTY & others.

Appeals Court of Massachusetts, Bristol.

August 12, 1993.

Attorney(s) appearing for the Case

Kenneth J. King for the plaintiff.

John C. Corrigan, Jr., for the defendants.

Present: PERRETTA, GREENBERG, & LAURENCE, JJ.

PERRETTA, J.

On November 20, 1981, Michael Baptiste, an inmate at the Bristol County Correctional Facility (facility), was fatally stabbed by a pretrial detainee with a pair of scissors. The plaintiff brought this action seeking wrongful death damages under 42 U.S.C. § 1983 (1982) and G.L.c. 258, § 2. Concluding that the plaintiff had no reasonable expectation of proving that the defendants had been deliberately...

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