I was punched in the face by a state employee and lost a tooth (several thousand dollars in dentist bills). Can I sue the employee AND the state of Massachusetts?
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Editor's Response
You can certainly sue the employee, but probably not the state. Massachusetts has enacted a limited waiver of its sovereign immunity, and those interested in this issue should review Massachusetts General Laws Chapter 258. However, Section 10(c) of Chapter 258 states that the waiver of immunity will not apply to "any claim arising out of an intentional tort, including assault, battery, false imprisonment, false arrest, intentional mental distress, malicious prosecution, malicious abuse of process, libel, slander, misrepresentation, deceit, invasion of privacy, interference with advantageous relations or interference with contractual relations."
Also, although you did not provide a lot of information, in order to sue an entity (like a state or a corporation) because of the negligence or intentional acts of an employee, the plaintiff must usually show that the employee was acting within the scope of his employment. Sorry. For more information or to post a question, visit our Massachusetts Personal Injury Discussion Forum.