widely accepted rule (Massachusetts) · Go Syfert
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widely accepted rule in Massachusetts

15 Massachusetts opinions name it 3 courts 1935–2025 2 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Hansen v. Commonwealthgreen
mass · 1962 · cited in 10 Massachusetts opinions naming this issue, 1975–2025
2 sentences

2025L. c. 12, §§ 11H-11J, or the Federal Civil Rights Act, 42 U.S.C. § 1983 , both of which allow claims against only those defendants who are "persons." DCF does not qualify as a "person" under either statute. "[T]here is no indication in the MCRA that the word 'person' includes either the Commonwealth or any of its political subdivisions." Howcroft v. Peabody, 51 Mass. App. Ct. 573, 592 (2001). "[I]t is a widely accepted rule of statutory construction that general words in a statute such as 'persons' will not ordinarily be construed to include the State or political subdivisions thereof." Hansen

2022See Hansen v. Commonwealth, 344 Mass. 214, 219 (1962) ("it is a widely accepted rule of statutory construction that general words in a statute . . . will not ordinarily be construed to include the State or political subdivisions thereof").

910
Perez v. Boston Housing Authoritygreen
mass · 1975 · cited in 4 Massachusetts opinions naming this issue, 1981–2015
2 sentences

2015Auth., 368 Mass. 333, 339 (1975) (“werecognize that ‘[i]t is a widely accepted rule of statutoiy construction that general words in a statute such as ‘persons’ will not ordinarily be construed to include the State or political subdivisions thereof,’ ” quoting Hansen v. Commonwealth, 344 Mass. 214, 219 (1962)).

2014Auth., 368 Mass. 333, 339 (1975), quoting Hansen v. Commonwealth, 344 Mass. 214, 219 (1962) (“[i]t is a widely accepted rule of statutory construction that general words in a statute such as ‘persons’ will not ordinarily be construed to include the State or political subdivisions thereof”).

34
United States v. United Mine Workers of Americagreen
scotus · 1947 · cited in 2 Massachusetts opinions naming this issue, 1962–2005
2 sentences

2005The court expressly stated, “it is a widely accepted rule of statutory construction that general words in a statute such as ‘persons’ will not ordinarily be construed to include the State or political subdivisions thereof.” Ibid., citing United States v. United Mine Workers of America, 330 U.S. 258, 275-276 (1947), and collecting cases.

1962United States v. United Mine Wkrs. of America, 330 U. S. 258, 275 .

12
Commonwealth v. ELM Medical Laboratories, Inc.green
massappct · 1992 · cited in 2 Massachusetts opinions naming this issue, 2001–2003
2 sentences

2003Bretton v. State Lottery Commission, supra, Commonwealth v. Elm Medical Laboratories, Inc, 33 Mass.App.Ct. 71 (1972).

2001Labs., Inc., 33 Mass. App. Ct. 71, 74-80 (1992). 23 See also Hansen v. Commonwealth, 344 Mass. 214, 219 (1962) (“it is a widely accepted rule of statutory construction that general words in a statute such as ‘persons’ will not ordinarily be construed to include the State or political subdivisions thereof”); Planned Parenthood League of Mass., Inc. v. Blake, 417 Mass. 467 , 473 n.8 (“[t]he Massachusetts Civil Rights Act was enacted in response to deprivations of secured rights by private individuals using violence or threats of violence”), cert. denied, 513 U.S. 868 (1994); Sarvis v. Boston Saf

12
Laubinger v. Department of Revenuegreen
massappct · 1996 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
1 sentence

2025And "an agency of the Commonwealth is not a 'person' subject to suit for monetary damages under § 1983." Laubinger v. Department of Revenue, 41 Mass. App. Ct. 598, 601 (1996).

11
Howcroft v. City of Peabodygreen
massappct · 2001 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
1 sentence

2025L. c. 12, §§ 11H-11J, or the Federal Civil Rights Act, 42 U.S.C. § 1983 , both of which allow claims against only those defendants who are "persons." DCF does not qualify as a "person" under either statute. "[T]here is no indication in the MCRA that the word 'person' includes either the Commonwealth or any of its political subdivisions." Howcroft v. Peabody, 51 Mass. App. Ct. 573, 592 (2001). "[I]t is a widely accepted rule of statutory construction that general words in a statute such as 'persons' will not ordinarily be construed to include the State or political subdivisions thereof." Hansen

11
Kilbane v. Secretary of Human Servicesgreen
massappct · 1982 · cited in 1 Massachusetts opinions naming this issue, 2007–2007
1 sentence

2007A person is defined as “natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity.” See Bretton v. State Lottery Comm’n., 41 Mass.App.Ct. 736 (1996) (State Lottery Commission, a statutorily created entity, is not a “person" subject to the provision of 93A). “[I]t is a widely accepted rule of statutory construction that general words in a statute such as ‘persons’ will not ordinarily be construed to include the State or political subdivision thereof.” Kilbane v. Secretary of Human Services, 14 Mass.App.Ct. 286, 287 (1982), quotin

11
Sarvis v. Boston Safe Deposit & Trust Co.green
massappct · 1999 · cited in 1 Massachusetts opinions naming this issue, 2001–2001
1 sentence

2001Labs., Inc., 33 Mass. App. Ct. 71, 74-80 (1992). 23 See also Hansen v. Commonwealth, 344 Mass. 214, 219 (1962) (“it is a widely accepted rule of statutory construction that general words in a statute such as ‘persons’ will not ordinarily be construed to include the State or political subdivisions thereof”); Planned Parenthood League of Mass., Inc. v. Blake, 417 Mass. 467 , 473 n.8 (“[t]he Massachusetts Civil Rights Act was enacted in response to deprivations of secured rights by private individuals using violence or threats of violence”), cert. denied, 513 U.S. 868 (1994); Sarvis v. Boston Saf

11
Smith v. City of Bostongreen
mass · 1992 · cited in 1 Massachusetts opinions naming this issue, 1999–1999
1 sentence

1999See Smith v. Boston, 413 Mass. 607 , 611 n.8 (1992). “[I]t is a widely accepted rule of statutory construction that general words in a statute such as ‘persons’ will not ordinarily be construed to include the State or political subdivisions thereof.” Hansen v. Commonwealth, 344 Mass. 214, 219 (1962).

11
McLouth v. . Huntgreen
ny · 1897 · cited in 1 Massachusetts opinions naming this issue, 1935–1935
1 sentence

1935McLouth v. Hunt, 154 N. Y. 179, 190, 191, 192 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Bretton v. State Lottery Commission green
massappct · 1996
1 sentence

2007A person is defined as “natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity.” See Bretton v. State Lottery Comm’n., 41 Mass.App.Ct. 736 (1996) (State Lottery Commission, a statutorily created entity, is not a “person" subject to the provision of 93A). “[I]t is a widely accepted rule of statutory construction that general words in a statute such as ‘persons’ will not ordinarily be construed to include the State or political subdivision thereof.” Kilbane v. Secretary of Human Services, 14 Mass.App.Ct. 286, 287 (1982), quotin

12007–2007
Planned Parenthood League of Massachusetts, Inc. v. Blake green
· 1994
1 sentence

2001Labs., Inc., 33 Mass. App. Ct. 71, 74-80 (1992). 23 See also Hansen v. Commonwealth, 344 Mass. 214, 219 (1962) (“it is a widely accepted rule of statutory construction that general words in a statute such as ‘persons’ will not ordinarily be construed to include the State or political subdivisions thereof”); Planned Parenthood League of Mass., Inc. v. Blake, 417 Mass. 467 , 473 n.8 (“[t]he Massachusetts Civil Rights Act was enacted in response to deprivations of secured rights by private individuals using violence or threats of violence”), cert. denied, 513 U.S. 868 (1994); Sarvis v. Boston Saf

12001–2001
Blake v. Planned Parenthood League of Massachusetts, Inc. green
scotus · 1994
1 sentence

2001Labs., Inc., 33 Mass. App. Ct. 71, 74-80 (1992). 23 See also Hansen v. Commonwealth, 344 Mass. 214, 219 (1962) (“it is a widely accepted rule of statutory construction that general words in a statute such as ‘persons’ will not ordinarily be construed to include the State or political subdivisions thereof”); Planned Parenthood League of Mass., Inc. v. Blake, 417 Mass. 467 , 473 n.8 (“[t]he Massachusetts Civil Rights Act was enacted in response to deprivations of secured rights by private individuals using violence or threats of violence”), cert. denied, 513 U.S. 868 (1994); Sarvis v. Boston Saf

12001–2001
Meyers v. United States neutral
scotus · 1975
1 sentence

1982Perez v. Boston Housing Authy., 368 Mass. 333, 339 , appeal dismissed, 423 U.S. 1009 (1975).

11982–1982

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 4, § 7 (7) USC § 42u.s.c.1983 (4) MA § Mass. Gen. Laws ch. 12, § 11H (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 46 (1982–2018) CA 16 (1966–2024) MA 15 (1935–2025) IL 9 (1977–2007) NJ 8 (1973–2006) IN 7 (2003–2020) CO 7 (1986–2015) CT 6 (1973–2019) RI 6 (1958–2009) NC 5 (1976–2020) LA 5 (1977–1987) PA 4 (1959–2004) FL 4 (1979–2024) NY 4 (1965–2010) MO 4 (1930–2018) DE 4 (1973–2024) AZ 3 (1973–1997) KY 3 (1952–1993) WA 3 (1959–2010) HI 3 (1981–2016) DC 3 (1978–2018) VT 2 (1987–2000) TN 2 (2013–2013) MS 2 (2010–2012) ID 2 (2004–2023) SC 2 (1999–2007) WV 2 (1997–2014) OK 2 (2017–2017) MN 2 (1991–1999) WI 2 (2003–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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