Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1724 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 242 FILED ON: 1/7/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1724
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carmine Lawrence Gentile
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to modernize public liability.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Carmine Lawrence Gentile13th Middlesex1/7/2025 1 of 18
16	16	HOUSE DOCKET, NO. 242 FILED ON: 1/7/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1724
18	18	By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 1724) of
19	19	Carmine Lawrence Gentile for legislation to further regulate public liability. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act to modernize public liability.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 18 of chapter 81 of the General Laws is hereby repealed.
29	29	2 SECTION 2. Section 15 of chapter 84 of the General Laws is hereby repealed.
30	30	3 SECTION 3. Chapter 258 of the General Laws is hereby amended by striking out
31	31	4sections 1 to 14, inclusive, and inserting in place thereof the following sections:-
32	32	5 Section 1. As used in this chapter, the following words shall, unless the context clearly
33	33	6requires otherwise, have the following meanings:
34	34	7 “Acting within the scope of office or employment”, every person acting within the scope
35	35	8of that person’s employment and acting in the performance of any lawfully ordered military
36	36	9duty, in the case of an officer or soldier of the military forces of the commonwealth.
37	37	10 “Executive officer of a public employer”, the secretary of an executive office of the
38	38	11commonwealth or in the case of an agency not within the executive office; the attorney general; 2 of 18
39	39	12the adjutant general of the military forces of the commonwealth; the county commissioners of a
40	40	13county; the mayor of a city or as designated by the charter of the city; the select board of a town
41	41	14or as designated by the charter of the town; and the board, directors or committee of a district in
42	42	15the case of the public employers of a district, in the case of the Massachusetts Bay
43	43	16Transportation Authority, its general manager and rail and transit administrator and in the case of
44	44	17any other public employer, the nominal chief executive officer or board.
45	45	18 ”Public attorney”, the attorney who shall defend all civil actions brought against a public
46	46	19employer pursuant to this chapter. In the case of: (i) the commonwealth, it shall be the attorney
47	47	20general; (ii) any county, it shall be the district attorney as designated in sections 12 and 13 of
48	48	21chapter 12; (iii) a city or town, it shall be the city solicitor or town counsel or if the town has no
49	49	22such counsel, an attorney employed for the purpose by the select board; (iv) a district, it shall be
50	50	23an attorney legally employed by the district for that purpose; and (v) the Massachusetts Bay
51	51	24Transportation Authority, the attorney shall be the general counsel. A public attorney may also
52	52	25be an attorney furnished by an insurer obligated under the terms of a policy of insurance to
53	53	26defend the public employer against claims brought pursuant thereto.
54	54	27
55	55	28 “Public employee”, elected or appointed, officers or employees of any public employer,
56	56	29whether serving full or part-time, temporary or permanent, compensated or uncompensated and
57	57	30officers or soldiers of the military forces of the commonwealth. For purposes of this chapter, the
58	58	31term public employee shall include an approved or licensed foster caregiver with respect to
59	59	32claims against such caregiver by a child in the temporary custody and care of such caregiver or
60	60	33an adult in the care of such caregiver for injury or death caused by the conduct of such caregiver; 3 of 18
61	61	34provided, however, that such conduct was not intentional, wanton and willful, or grossly
62	62	35negligent. For this purpose, a caregiver of adults means a member of a foster family, or any other
63	63	36individual, who is under contract with an adult foster care provider as defined and certified by
64	64	37the division of medical assistance.
65	65	38 “Public employer”, the commonwealth and any county, city, town, educational
66	66	39collaborative or district, including the Massachusetts Department of Transportation, the
67	67	40Massachusetts Bay Transportation Authority, any duly constituted regional transit authority and
68	68	41the Massachusetts Turnpike Authority and any public health district or joint district or regional
69	69	42health district or regional health board established pursuant to the provisions of sections 27A or
70	70	4327B of chapter 111 and any department, office, commission, committee, council, board, division,
71	71	44bureau, institution, agency or authority thereof, including a local water and sewer commission, a
72	72	45municipal gas or electric plant, a municipal lighting plant or cooperative that operates a
73	73	46telecommunications system pursuant to section 47E of chapter 164, department, board and
74	74	47commission, which exercises direction and control over the public employee, but not a private
75	75	48contractor with any such public employer, the Massachusetts Port Authority or any other
76	76	49independent body politic and corporate. With respect to public employees of a school committee
77	77	50of a city or town, the public employer for the purposes of this chapter shall be deemed to be said
78	78	51respective city or town.
79	79	52 “Serious personal injury”, bodily injury that results in a permanent or temporary
80	80	53disfigurement or loss or impairment of a bodily function, limb or organ, debilitating emotional or
81	81	54psychological harm or for which medical costs or lost wages exceed $2,500.00 or death. 4 of 18
82	82	55 “Serious property damage or financial harm”, damage to the property of any person,
83	83	56corporation or other legally created entity of a value of greater than $2,500 provided however
84	84	57that this minimum limit shall not apply to motor vehicles or personal residences or loss or money
85	85	58or property.
86	86	59 Section 2. All persons harmed by the commonwealth or by any city, town, county or any
87	87	60other governmental agency or their employees or agents shall be entitled to prompt, fair and
88	88	61reasonable compensation for their losses. No officers, employees or agents of any city, town,
89	89	62county or any other governmental agency shall be personally liable for any such claims and shall
90	90	63be indemnified for their losses and defense costs by their employer; provided, however, there
91	91	64shall be no right to indemnification if the acts at issue were knowing, willful, intentional, corrupt
92	92	65or committed with wanton disregard for the lives or safety of others. Employers shall have the
93	93	66discretion to indemnify employees for acts that were knowing, willful, intentional or committed
94	94	67with wanton disregard for the lives or safety of others. Any collective bargaining agreement
95	95	68requiring indemnification for such acts shall be null, void and unenforceable.
96	96	69 Section 3. (a) Public employers shall be liable for injury or loss of property or personal
97	97	70injury or death caused by the negligent or wrongful act or omission of any public employee
98	98	71while acting within the scope of that person’s office or employment, in the same manner and to
99	99	72the same extent as a private individual under like circumstances, except that public employers
100	100	73shall not be liable to levy of execution on any real and personal property to satisfy judgment
101	101	74except as provided for herein, and shall not be liable for punitive damages. The remedies
102	102	75provided by this chapter shall be exclusive of any other civil action or proceeding by reason of
103	103	76the same subject matter against the public employer or the public employee or their estates
104	104	77whose negligent or wrongful act or omission gave rise to such claim and no such public 5 of 18
105	105	78employee or the estate of such public employee shall be liable for any injury or loss of property
106	106	79or personal injury or death caused by the employee’s negligent or wrongful act or omission while
107	107	80acting within the scope of that employee’s office or employment except as provided for herein;
108	108	81provided, however, that a public employee shall provide reasonable cooperation to the public
109	109	82employer in the defense of any action brought under this chapter. Failure to provide such
110	110	83reasonable cooperation on the part of a public employee shall cause the public employee to be
111	111	84jointly liable with the public employer to the extent that the failure to provide reasonable
112	112	85cooperation prejudiced the defense of the action. Information obtained from the public employee
113	113	86in providing such reasonable cooperation may not be used as evidence in any disciplinary action
114	114	87against the employee. Final judgment in an action brought against a public employer under this
115	115	88chapter shall constitute a complete bar to any action by a party to such judgment against such
116	116	89public employer or public employee by reason of the same subject matter. The prevailing
117	117	90plaintiff may undertake all actions necessary to enforce a final judgment.
118	118	91 (b) Notwithstanding that a public employee shall not be liable for negligent or wrongful
119	119	92acts as described in the preceding subsection, if a cause of action is improperly commenced
120	120	93against a public employee of the commonwealth alleging injury or loss of property or personal
121	121	94injury or death as the result of the negligent or wrongful act or omission of such employee, said
122	122	95employee may request representation by the public attorney of the commonwealth. The public
123	123	96attorney shall defend the public employee with respect to the cause of action at no cost to the
124	124	97public employee; provided, however, that the public attorney determines that the public
125	125	98employee was acting within the scope of the employee’s office or employment at the time of the
126	126	99alleged loss, injury or death and; provided further, that said public employee provides reasonable
127	127	100cooperation to the public employer and public attorney in the defense of any action arising out of 6 of 18
128	128	101the same subject matter. If, in the opinion of the public attorney, representation of the public
129	129	102employee, under this subsection would result in a conflict of interest, the public attorney shall
130	130	103not be required to represent the public employee. Under said circumstances, the commonwealth
131	131	104shall reimburse the public employee for reasonable attorney fees incurred by the public
132	132	105employee in defense of the cause of action; provided, however, that the same conditions exist
133	133	106that are required for representation of said employee by the public attorney under this subsection.
134	134	107 (c) Notwithstanding the foregoing, a public employee may be held personally liable for
135	135	108causing harm: (i) intentionally; or (ii) by knowingly, wantonly and in willful disregard of the
136	136	109lives, safety or property of any person.
137	137	110 Section 4. (a) All civil actions brought against a public employer on a claim for damages
138	138	111cognizable under this chapter shall be brought in the county where the claimant resides or in the
139	139	112county where such public employer is situated, except that in the case of the commonwealth such
140	140	113civil actions shall be brought in the county where the claimant resides or in Suffolk county. The
141	141	114superior court shall have jurisdiction of all civil actions brought against a public employer. The
142	142	115district court and housing court shall have jurisdiction of actions brought against housing
143	143	116authorities pursuant to sections 21 to 25, inclusive, of chapter 218. The district court shall also
144	144	117have jurisdiction for all claims having a value of less than $100,000. The district court small
145	145	118claims jurisdiction and procedures shall be available to claimants whose claims have a value of
146	146	119less than $7,000.
147	147	120 (b) In the event that a suit is filed in the wrong court, the court shall transfer the suit to
148	148	121the court having actual jurisdiction and the court shall promptly give notice to all parties. 7 of 18
149	149	122 Section 5. (a) Any person who claims to have suffered injury or harm due to the
150	150	123negligence, acts or omissions of a public employee may commence an action in the courts of the
151	151	124commonwealth by filing a complaint. There shall be no requirement to make a presentment prior
152	152	125to filing suit. Service of process shall be made, in the case of: (i) a city on the mayor, city clerk,
153	153	126city counsel or public attorney; (ii) a town on the town manager, chair of the select board, town
154	154	127clerk, public attorney or town counsel; (iii) the Massachusetts Port Authority and the
155	155	128Massachusetts Bay Transportation Authority on the chief executive officer, agency counsel,
156	156	129public attorney or chair of the board of directors; and (iv) any other agency or board on its chief
157	157	130executive officer or general counsel. It shall not be a defense that service was not made on the
158	158	131proper person within a public employer so long as that entity has been given actual notice of the
159	159	132suit.
160	160	133 (b) No civil action may be brought more than 3 years after the date that the cause of
161	161	134action accrued; provided, however, that an action that relates to the sexual abuse of a minor, as
162	162	135defined in section 4C of chapter 260, shall be governed by section 4C½ of said chapter 260.
163	163	136
164	164	137 (c) Upon receipt of service of process, a public employer may answer in the ordinary
165	165	138course, file a certificate of investigation and obtain a stay of the duty to answer for 90 days or file
166	166	139a request for mediation and obtain a stay for 120 days. If the public employer files a request for
167	167	140mediation, it shall provide the plaintiff with all information and documents it has concerning the
168	168	141matter at issue and arrange for a mediation with any court certified mediation program or before
169	169	142a mutually agreed upon independent mediator. In any mediation, the public employer shall
170	170	143bargain in good faith demonstrating integrity and honesty for the purposes of arriving at a fair 8 of 18
171	171	144and reasonable resolution. The time for mediation may be extended for not more than 90 days by
172	172	145a request made by all parties. If mediation causes a settlement to be achieved, the parties shall
173	173	146file a joint motion for entry of judgment and the issuance of an execution. No confidentiality
174	174	147terms may be included in any settlement agreement; provided, however, that a court may
175	175	148impound all or part of the information provided if the court is convinced that there is a
176	176	149compelling need for confidentiality. All information about the identity of a child who was the
177	177	150victim of sexual abuse shall be impounded. After the answer is filed or the expiration of any stay,
178	178	151the public employer shall answer and discovery shall proceed in the ordinary course. No public
179	179	152employer or public employee may require arbitration of any issue or claim arising under this
180	180	153chapter and any contract or agreement purporting to require arbitration shall be null, void and
181	181	154unenforceable.
182	182	155 (d) If the attorney general or any district attorney reasonably believes that discovery as to
183	183	156a claim would: (i) impair a pending criminal investigation or prosecution; (ii) reveal confidential
184	184	157methods and means of the investigation; or (iii) reveal the identity of confidential informants, the
185	185	158attorney general or any district attorney may intervene in an action pending under this chapter
186	186	159and ask the court to stay discovery and the trial date for not more than 1 year. The attorney
187	187	160general and any district attorney shall have the burden of persuading the court that the public
188	188	161interest requires a stay and may make in camera submissions to the court to attempt to meet that
189	189	162burden. A stay so entered may be extended for a period of 1 additional year for good cause
190	190	163shown. The court may also enter such protective orders as the interests of justice might require if
191	191	164it is persuaded by clear and convincing evidence of the need for such an order.
192	192	165 (f) The provisions of this section shall not apply to such claims as may be asserted by
193	193	166third-party complaint, cross-claim or counter-claim or to small claims brought against housing 9 of 18
194	194	167authorities pursuant to sections 21 to 25, inclusive, of chapter 218; provided, however, that no
195	195	168small claim shall be brought against a housing authority more than 3 years after the date upon
196	196	169which the cause of action arose.
197	197	170 Section 6. (a) The executive officer of a public employer may mediate, compromise or
198	198	171settle any claim for damages under this chapter; provided, that any award, compromise or
199	199	172settlement in excess of $2,500 shall be made only with the prior approval of the public attorney
200	200	173for such public employer; provided, however, that in any case where the public employer is the
201	201	174commonwealth, any award, compromise or settlement in excess of $20,000 shall be made only
202	202	175with the prior approval of the secretary of administration and finance. A person designated by the
203	203	176public attorney or secretary of administration and finance having actual authority to make
204	204	177settlements and commit to the entry of a final judgment shall attend all mediations either in
205	205	178person or virtually and said person shall be required to bargain in good faith. In the event that a
206	206	179public employer fails to attend or bargain in good faith then the claimant may apply to the court
207	207	180for such sanctions, costs, expenses and legal fees as may be appropriate and a court may impose
208	208	181those to obtain compliance with this chapter and deter misconduct.
209	209	182 (b) The acceptance by the claimant of any such award, compromise or settlement
210	210	183approved by the court shall be in writing and shall, except when procured by fraud, be final and
211	211	184conclusive on the claimant and shall constitute a complete release of any claim against the public
212	212	185employer or against the public employee whose negligent or wrongful act or omission gave rise
213	213	186to such a claim and a complete bar to any action by the claimant against such public employer or
214	214	187public employee, by reason of the same subject matter; provided, however, if the public
215	215	188employer or public employee is found to have committed fraud or to have withheld evidence
216	216	189helpful to a claimant, the claimant may petition to set aside the settlement reopen the case. The 10 of 18
217	217	190claimant seeking to set aside a settlement shall have the burden of persuade the court by clear
218	218	191and convincing evidence that the misconduct occurred and that it materially impaired the
219	219	192claimant’s ability to prove the case.
220	220	193
221	221	194 Section 7. The public attorney shall defend all civil actions brought against a public
222	222	195employer or public employee of the commonwealth pursuant to this chapter. If the public
223	223	196attorney has a conflict of interest, the employer shall retain independent counsel and pay that
224	224	197attorney’s reasonable fees and costs. If a public employee is sued for claims as to which there is
225	225	198no right of indemnification that employee may retain counsel of the employee’s choosing and at
226	226	199the employee’s expense. The employee’s attorney shall take over the defense or at the discretion
227	227	200of the public attorney and so long as no conflict of interest exists, act as co-counsel.
228	228	201 Section 8. (a) Any award, compromise or settlement of a civil action brought under this
229	229	202chapter in excess of $20,000 that has been approved by a public attorney for a public employer
230	230	203or, in the case where the public employer is the commonwealth, approved by the secretary of
231	231	204administration and finance, shall be made final only after approval of same by a judge of the
232	232	205superior court, district court or housing court having jurisdiction over the action; provided,
233	233	206however, a judge shall approve all settlements arrived at during mediations attended by persons
234	234	207designated by the public attorney or secretary of administration and finance and authorized by
235	235	208said persons; provided further, no judge shall approve any settlement obtained by fraud,
236	236	209deception, coercion or threats and any claimant who contends that such misconduct occurred
237	237	210may raise such matters at any hearing to approve a settlement. A final judgment and execution
238	238	211shall be entered in accordance with an approved settlement. 11 of 18
239	239	212 (b) The acceptance by the claimant of any such award, compromise or settlement shall be
240	240	213in writing and shall, except when procured by fraud, deception, coercion or threats, be final and
241	241	214conclusive on the claimant and shall constitute a complete release of any claim against the public
242	242	215employer or against the public employee whose negligent or wrongful act or omission gave rise
243	243	216to such claim and a complete bar to any action by the claimant against such public employer or
244	244	217public employee, by reason of the same subject matter.
245	245	218 (c) In the event that a public employer or person not entitled to indemnification fails to
246	246	219pay the full amount of any settlement or judgment, the claimant may apply to the court to enforce
247	247	220the settlement or judgment. In the event that the settlement or judgment is against a public
248	248	221employer, the court may order the sheriff of the county that the public employer is located to
249	249	222levy against the accounts of said public employer and seize the funds necessary to satisfy the
250	250	223settlement or judgment. In the event that a settlement or judgment is against a person not entitled
251	251	224to indemnification then the claimant shall have all rights accorded to a judgment creditor.
252	252	225 Section 9. The attorney general shall be responsible for procuring insurance for all public
253	253	226employers. The costs of this coverage shall be allocated ratably and proportionally to the
254	254	227commonwealth, cities, towns, counties and all other public employers. The attorney general shall
255	255	228be responsible for managing the handling of all claims made under this chapter and shall be
256	256	229responsible for requiring the insurer to handle claims fairly, reasonably and promptly in
257	257	230accordance with the intent of this chapter. If the attorney general determines that it would be
258	258	231more efficient and fair to manage claims and comply with this chapter’s intent by creating,
259	259	232managing and operating a self-insurance program, then the attorney general may create a self-
260	260	233insurance program, set reserves, manage claims and handle them in accordance with the intent of
261	261	234this chapter. The costs of the self-insurance program shall be allocated ratably and proportionally 12 of 18
262	262	235to the commonwealth, cities, towns, counties and all other public employers. The attorney
263	263	236general shall have the authority to promulgate regulations to establish bidding criteria,
264	264	237specifications and protocols for awarding contracts for insurance or to promulgate regulations to
265	265	238operate a self-insurance program. Any insurer selected to insure against claims shall be required
266	266	239to provide for the prompt, fair and reasonable resolution of claims and lawsuits understanding
267	267	240that the intended beneficiaries of the insurance program are those who have been injured. Any
268	268	241self-insurance program shall have the same goals and attorney general shall be responsible for
269	269	242the accomplishment of those goals.
270	270	243 Section 10. (a) Public employers may indemnify public employees and the
271	271	244commonwealth shall indemnify persons holding office under the constitution, from personal
272	272	245financial loss, all damages and expenses, including legal fees and costs, if any, in an amount not
273	273	246to exceed $10,000,000 arising out of any claim, action, award, compromise, settlement or
274	274	247judgment by reason of an intentional tort or by reason of any act or omission that constitutes a
275	275	248violation of the civil rights of any person under any federal or state law, if such employee or
276	276	249official or holder of office under the constitution at the time of such intentional tort or such act or
277	277	250omission was acting within the scope of official duties or employment. No such employee or
278	278	251official, other than a person holding office under the constitution acting within the scope of that
279	279	252employee’s official duties or employment, shall be indemnified under this section for violation of
280	280	253any such civil rights if he acted in an intentional, grossly negligent, willful or malicious manner.
281	281	254 (b) For purposes of this section, persons employed by a joint health district, regional
282	282	255health district or regional board of health, as defined by sections 27A and 27B of chapter 111,
283	283	256shall be considered employees of the city or town in which said incident, claim, suit or judgment
284	284	257is brought pursuant to the provisions of this chapter. 13 of 18
285	285	258 Section 11. (a) If, in the event a suit is commenced against a member of the state police
286	286	259or an employee represented by state bargaining unit five, by reason of a claim for damages
287	287	260resulting from an alleged intentional tort or by reason of an alleged act or failure to act that
288	288	261constitutes a violation of the civil rights of any person under federal or state law, the
289	289	262commonwealth, at the request of the affected police officer, shall provide for the legal
290	290	263representation of said police officer.
291	291	264 (b) The commonwealth shall indemnify members of the state police or an employee
292	292	265represented by state bargaining unit five, respectively, from all personal financial loss and
293	293	266expenses, including but not limited to legal fees and costs, if any, in an amount not to exceed
294	294	267$10,000,000 arising out of any claim, action, award, compromise, settlement or judgment
295	295	268resulting from any alleged intentional tort or by reason of an alleged act or failure to act that
296	296	269constitutes a violation of the civil rights of any person under federal or state law; provided,
297	297	270however, that this section shall apply only where such alleged intentional tort or alleged act or
298	298	271failure to act occurred within the scope of the official duties of such police officer.
299	299	272 (c) No member of the state police or an employee represented by state bargaining unit
300	300	273five shall be indemnified for any violation of federal or state law if such member or employee
301	301	274acted in a willful, wanton or malicious manner.
302	302	275 Section 12. The provisions of sections 1 to 9, inclusive, shall not apply to:
303	303	276 (a) any claim based upon an act or omission of a public employee when such employee is
304	304	277exercising due care in the execution of any statute or any regulation of a public employer, or any
305	305	278municipal ordinance or by-law, whether or not such statute, regulation, ordinance or by-law is
306	306	279valid; 14 of 18
307	307	280 (b) any claim arising in respect of the assessment or collection of any tax or the lawful
308	308	281detention of any goods or merchandise by any law enforcement officer in accordance with a duly
309	309	282authorized court order or writ of execution;
310	310	283 (c) any claim based upon the issuance, denial, suspension or revocation or failure or
311	311	284refusal to issue, deny, suspend or revoke any permit, license, certificate, approval, order or
312	312	285similar authorization unless based on intentional wrongdoing;
313	313	286 (d) any claim based upon the failure to inspect, or an inadequate or negligent inspection,
314	314	287of any property, real or personal, to determine whether the property complies with or violates
315	315	288any law, regulation, ordinance or code, or contains a hazard to health or safety, except as
316	316	289otherwise provided in clause (i) of subparagraph (j);
317	317	290 (e) any claim based upon the failure to establish a fire department or a particular fire
318	318	291protection service, or if fire protection service is provided, for failure to prevent, suppress or
319	319	292contain a fire, or for any acts or omissions in the suppression or containment of a fire, but not
320	320	293including claims based upon the negligent operation of motor vehicles or as otherwise provided
321	321	294in clause (i) of subparagraph (j);
322	322	295 (f) any claim based upon the failure to establish a police department or a particular police
323	323	296protection service, or if police protection is provided, for failure to provide adequate police
324	324	297protection, prevent the commission of crimes, investigate, detect or solve crimes, identify or
325	325	298apprehend criminals or suspects, arrest or detain suspects, or enforce any law, but not including
326	326	299claims based upon the negligent operation of motor vehicles, negligent protection, supervision or
327	327	300care of persons in custody, or as otherwise provided in clause (i) of subparagraph (j); 15 of 18
328	328	301 (g) any claim based upon the release, parole, furlough or escape of any person, including
329	329	302but not limited to: a prisoner, inmate, detainee, juvenile, patient or client, from the custody of a
330	330	303public employee or employer or their agents, unless gross negligence is shown in allowing such
331	331	304release, parole, furlough or escape;
332	332	305 (h) any claim based on the actions of judges, clerks, assistant clerks or employees of the
333	333	306judicial branch except for criminal acts or violations of their oaths of office or for their
334	334	307negligence in the operation of motor vehicles;
335	335	308 (i) any claims based on the actions of prosecutors employed by the Commonwealth or
336	336	309any county for actions in the performance of their duties or the exercise of discretion afforded to
337	337	310them by operation law except for criminal acts, the intentional withholding of exculpatory
338	338	311evidence, suborning perjury or for their negligence in the operation of motor vehicles;
339	339	312 (j) any claim based on an act or failure to act to prevent or diminish the harmful
340	340	313consequences of a condition or situation, including the violent or tortious conduct of a third
341	341	314person, which is not originally caused by the public employer or any other person acting on
342	342	315behalf of the public employer. This exclusion shall not apply to:
343	343	316 (i) any claim based upon explicit and specific assurances of safety or assistance, beyond
344	344	317general representations that investigation or assistance will be or has been undertaken, made to
345	345	318the direct victim or a member of that person’s family or household by a public employee,
346	346	319provided that the injury resulted in part from reliance on those assurances. A permit, certificate
347	347	320or report of findings of an investigation or inspection shall not constitute such assurances of
348	348	321safety or assistance; 16 of 18
349	349	322 (ii) any claim based upon the intervention of a public employee that causes injury to the
350	350	323victim or places the victim in a worse position than he was in before the intervention;
351	351	324 (iii) any claim based on negligent maintenance of public property; and
352	352	325 (iv) any claim by or on behalf of a patient for negligent medical or other therapeutic
353	353	326treatment received by the patient from a public employee.
354	354	327 Nothing in this section shall be construed to modify or repeal the applicability of any
355	355	328existing statute that limits, controls or affects the liability of public employers or entities except
356	356	329as provided for herein.
357	357	330 Section 13. If the judgment in any action brought under this chapter is in favor of the
358	358	331public employer, judgment for costs and execution thereon may issue in favor of the public
359	359	332employer, if the court finds the action brought by the claimant to have been frivolous or in bad
360	360	333faith, and final judgment on the action shall be a bar to any other or further action being brought
361	361	334on the same claim or subject matter. If the judgment in any action is in favor of the claimant and
362	362	335the court finds that the public employer has acted frivolously or in bad faith then the court shall
363	363	336award the claimant reasonable legal fees and costs. The provisions pursuant to section 6 of
364	364	337chapter 231 shall apply to this section.
365	365	338 Section 14. Claims against the commonwealth or any public employer, except as
366	366	339otherwise expressly provided in this chapter or by any general or special provision of law, may
367	367	340be enforced in the superior court or in the district court that adjudicated a matter.
368	368	341 Section 15. (a) Any city or town that accepted section 100I of chapter 41 on or before
369	369	342July 20th, 1978, and any other city that accepts this section according to its charter, and any town 17 of 18
370	370	343that accepts this section in the manner hereinafter provided in this section shall indemnify and
371	371	344save harmless municipal officers, elected or appointed from personal financial loss and expense
372	372	345including reasonable legal fees and costs, if any, in an amount not to exceed $10,000,000, arising
373	373	346out of any claim, demand, suit or judgment by reason of any act or omission, except an
374	374	347intentional violation of civil rights of any person, if the official at the time of such act or
375	375	348omission was acting within the scope of the employee’s official duties or employment.
376	376	349 (b) This section shall be submitted for acceptance to the voters of each town at an annual
377	377	350town meeting in the form of the following question that shall be placed on the official ballot to
378	378	351be used for the election of town officers at said meeting:
379	379	352 ''Shall the town vote to accept the provisions of section 13 of chapter 258 of the General
380	380	353Laws that provides that the town shall indemnify and save harmless municipal officers, elected
381	381	354or appointed, from personal financial loss and expense including reasonable legal fees and costs,
382	382	355if any, in an amount not to excess of $10,000,000, arising out of any claim, demand, suit or
383	383	356judgment by reason of any act or omission except an intentional violation of civil rights of any
384	384	357person under any law, if the official at the time of such act or omission was acting within the
385	385	358scope of the employee’s official duties or employment?''
386	386	359 If a majority of the votes in answer to said question is in the affirmative, said provisions
387	387	360shall thereupon take full effect, but not otherwise.
388	388	361 Section 16. For the purpose of satisfying liens for past due child support, securing
389	389	362repayment of public assistance benefits and past taxes, a public employer shall comply with
390	390	363sections 24D, 24E and 24F of chapter 175 and any regulations promulgated thereunder in the 18 of 18
391	391	364same manner as if it were a company authorized to issue policies of insurance pursuant to said
392	392	365chapter 175.