Massachusetts Superior Court June 29, 2001, No. 004865 (Costa v. Department of Public Health)

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United States · · · 29-06-2001

Brassard, J.

This matter arises on the Department of Public Health’s (“DPH”) motion to dismiss pursuant to Mass.R.Civ.P. 12(b)(6). DPH argues that because it is a public employer, the Massachusetts Torts Claims Act (the “Act”), G.L.c. 258, §10(j) prohibits plaintiffs recovery.

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