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McCARTHY v. CITY OF WALTHAM

Nos. 08-P-586 & 09-P-525.

76 Mass. App. Ct. 554 (2010)

RICHARD J. McCARTHY, administrator, v. CITY OF WALTHAM (and a companion case).

Appeals Court of Massachusetts, Middlesex.

April 9, 2010.

Attorney(s) appearing for the Case

Michelle Learned, Assistant City Solicitor, for city of Waltham.

Timothy G. Lynch for Richard J. McCarthy.

Present: DUFFLY, GRAHAM, & FECTEAU, JJ.

FECTEAU, J.

The city of Waltham (city) appeals from a Superior Court judgment awarding the plaintiff $100,000 under the provisions of the Massachusetts Tort Claims Act (MTCA), G. L. c. 258, § 2, and under G. L. c. 229, § 2,3 for the wrongful death of his son, James McCarthy (James). James had been held in protective custody by city police, and he committed suicide shortly after they released him. During trial, the plaintiff claimed...

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