MAIMARON v. COMMONWEALTH


449 Mass. 167 (2007)

MARK MAIMARON vs. COMMONWEALTH (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

May 14, 2007.


Attorney(s) appearing for the Case

Rosemary Connolly, Assistant Attorney General (Doris Helen White, Assistant Attorney General, with her) for the Commonwealth.

Max D. Stern (Kenneth M. Resnik with him) for Mark Maimaron.

Richard Eric Brody for David Oxner.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, & CORDY, JJ.


GREANEY, J.

On November 2, 1998, the plaintiff Mark Maimaron (Maimaron) brought an action in the Superior Court under the Massachusetts Tort Claims Act, G. L. c. 258, against State Trooper David Oxner, several other State troopers, and the Commonwealth, seeking to recover damages for injuries he sustained as the result of an alleged illegal seizure and arrest. The incident involved an altercation in 1995, when Oxner was not on duty (underlying action). Maimaron asserted...

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