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HORTA v. SULLIVAN

418 Mass. 615 (1994)

638 N.E.2d 33

DEBRA HORTA vs. CHARLES B. SULLIVAN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 18, 1994.

Attorney(s) appearing for the Case

Sheila M. Tierney for the plaintiff.

James F. Gettens for town of Lakeville.

Scott Harshbarger, Attorney General, John E. Bowen & William A. Daggett, Assistant Attorneys General, for the Commonwealth, amicus curiae, submitted a brief.

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

LIACOS, C.J.

This case presents a question certified to this court by the United States Court of Appeals for the First Circuit,2 see S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981): "Do the discretionary decisions of a police officer to begin and continue the high speed pursuit of a vehicle then being operated in violation of law involve policymaking or planning for purposes of immunity under Massachusetts

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