Noel v. Town of Plymouth, Mass. (1995)

Assault and battery is the “intentional and unjustified use of force upon the person of another, however shght, or the intentional doing of a wanton or grossly negligent act causing personal injury to another.” Jesionowski v. Beck, 937 F.Supp. 95, 105 (D.Mass.1996); accord Noel v. Town of Plymouth, 895 F.Supp. 346, 354 (D.Mass.1995) (both quoting Commonwealth v. McCan, 277 Mass. 199, 203 , 178 N.E. 633, 634 (1931)). “[A]n officer authorized to make an arrest may use such for…

Noel v. Town of Plymouth, 895 F.Supp. 346, 354 (D.Mass.1995)(internal citations omitted).

Noel v. Town of Plymouth, 895 F.Supp. 346, 353 (D.Mass.1995). 21 .

This conclusion alone, however, does not end the inquiry with respect to Beck’s involvement or liability; it must be considered whether he had a duty to intervene and stop the excessive use of force. “[C]ourts have held that a police officer who fails to prevent the use in his presence of excessive force by another officer may be held liable under § 1983.” Noel v. Town of Plymouth, Mass., 895 F.Supp. 346, 352 (D.Mass., 1995), quoting, Hathaway v. Stone, 687 F.Supp. 708, 712 …

Mass. Mar. 31, 2021) (quoting Noel v. Town of Plymouth, 895 F. Supp. 346, 354 (D.

The elements of a False Imprisonment claim are: “(1) intentional and (2) unjustified (3) confinement of a person, (4) directly or indirectly (5) of which the person confined is conscious or is harmed by such confinement.” Noel v. Town of Plymouth, 895 F. Supp. 346, 354 (D.

Nuon, 768 F. Supp. 2d at 336 (quoting Noel v. Town of Plymouth, Mass., 895 F. Supp. 346, 354 (D.

“The tort of false imprisonment consists of the (1) intentional and (2) unlawful (3) confinement of a person, (4) directly or indirectly (5) of which the person confined is conscious or is harmed by such confinement.” Noel v. Town of Plymouth, 895 F.Supp. 346, 354 (D.Mass.1995), and cases cited.

Noel v. Town of Plymouth, Mass., 895 F.Supp. 346, 354 (D.Mass.1995) (citations omitted).

Mass. 1991) (single alleged incident of individual misconduct does not support inference that city failed to train officers); Noel v. Plymouth, 895 F. Supp. 346, 351 (D.

The tort of false imprisonment consists in the “(1) intentional and (2) unjustified (3) confinement of a person, (4) directly or indirectly (5) of which the person confined is conscious or is harmed by such confinement.” Noel v. Town of Plymouth, 895 F.Supp. 346, 354 (D.Mass., 1995); See Restatement (Second), Torts § 35 (1965); see also Wax v. McGrath, 255 Mass. 340, 342 , 151 N.E. 317, 318 (1926) (unlawful restraint by force or threat constitutes false imprisonment).

Gaudreault, 923 F.2d at 203 n. 3; O’Neill v. Krzeminski, 839 F.2d 9 , 11 (2d Cir.1988) (“The three blows were struck in such rapid succession that [the officer standing by] had no realistic opportunity to attempt to prevent them.”); Jesionowski v. Beck, 937 F.Supp. 95, 104-05 (D.Mass.1996) (two quick blows to the head one right after the other did not give the officer standing by time to intervene); Noel v. Town of Plymouth, Massachusetts, 895 F.Supp. 346, 352-53 (D.Mass.199…

See Noel v. Town of Plymouth, Mass., 895 F.Supp. 346, 352 (D.Mass. 1995) (“[C]ourts have held that a police officer who fails to prevent the use in his presence of excessive force by another police officer may be held liable under § 1983.”) (quoting Hathaway v. Stone, 687 F.Supp. 708, 712 (D.Mass.1988)). 5 .

Mass. 2018); see also Noel v. Town of Plymouth, 895 F. Supp. 346, 354 (D.

Lindsell, The Law of Torts, ch. 15 § 5 (22d ed. 2018) ("False imprisonment is 'the unlawful imposition of constraint on another's freedom of movement from a particular place.' The tort is established on proof of: (1) the fact of imprisonment; and (2) the absence of lawful authority to justify that imprisonment." (quoting Collins v. Wilcock [1984] 1 W.L.R. 1172)). - 14 - We have previously found false imprisonment to be a continuing tort9 under Massachusetts common law, see S…

See Noel v. Town of Plymouth, 895 F.Supp. 346, 352 (D.Mass.1995); cf. Anderson v. Branen, 17 F.3d 552, 557 (2d Cir.1994) (stating that “[wjhether an officer had sufficient time to intercede or was capable of preventing the harm being caused by another officer is an issue of fact for the jury unless, considering all the evidence, a reasonable jury could not possibly conclude otherwise”).

See Noel v. Plymouth, 895 F. Supp. 346, 355 (D.

Assault and battery is the “intentional and unjustified use of force upon the person of another, however slight, or the intentional doing of a wanton or grossly negligent act causing personal injury to another.” Jesionowski v. Beck, 937 F.Supp. 95, 105 (D.Mass.1996); accord Noel v. Town of Plymouth, 895 F.Supp. 346, 354 (D.Mass.1995) (both quoting Commonwealth v. McCan, 277 Mass. 199, 203 , 178 N.E. 633, 634 (1931)). “[A]n officer authorized to make an arrest may use such fo…

As noted by the SJC, “Our cases holding that the Massachusetts Civil Rights Act was violated have involved actual or potential physical confrontation involving a threat of harm.” Planned Parenthood League of Massachusetts, Inc. v. Blake, 417 Mass. 467 , 631 N.E.2d 985 , 989 n. 8 (emphasis added), cert. denied, 513 U.S. 868 , 115 S.Ct. 188 , 130 L.Ed.2d 122 (1994); accord Noel v. Town of Plymouth, 895 F.Supp. 346, 355 (D.Mass.1995) (“cases holding that the MCRA was violated h…