Mass. Gen. Laws » Part III Title IV Chapter 258
Massachusetts General Laws

Mass. Gen. Laws ch. 258, § 10 (2026)

Application of Secs. 1 to 8

✓ current as of July 2026
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Section 10. The provisions of sections one to eight, inclusive, shall not apply to:—

(a) any claim based upon an act or omission of a public employee when such employee is exercising due care in the execution of any statute or any regulation of a public employer, or any municipal ordinance or by-law, whether or not such statute, regulation, ordinance or by-law is valid;

(b) any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a public employer or public employee, acting within the scope of his office or employment, whether or not the discretion involved is abused;

(c) 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;

(d) any claim arising in respect of the assessment or collection of any tax, or the lawful detention of any goods or merchandise by any law enforcement officer;

(e) any claim based upon the issuance, denial, suspension or revocation or failure or refusal to issue, deny, suspend or revoke any permit, license, certificate, approval, order or similar authorization;

(f) any claim based upon the failure to inspect, or an inadequate or negligent inspection, of any property, real or personal, to determine whether the property complies with or violates any law, regulation, ordinance or code, or contains a hazard to health or safety, except as otherwise provided in clause (1) of subparagraph (j).

(g) any claim based upon the failure to establish a fire department or a particular fire protection service, or if fire protection service is provided, for failure to prevent, suppress or contain a fire, or for any acts or omissions in the suppression or containment of a fire, but not including claims based upon the negligent operation of motor vehicles or as otherwise provided in clause (1) of subparagraph (j).

(h) any claim based upon the failure to establish a police department or a particular police protection service, or if police protection is provided, for failure to provide adequate police protection, prevent the commission of crimes, investigate, detect or solve crimes, identify or apprehend criminals or suspects, arrest or detain suspects, or enforce any law, but not including claims based upon the negligent operation of motor vehicles, negligent protection, supervision or care of persons in custody, or as otherwise provided in clause (1) of subparagraph (j).

(i) an claim based upon the release, parole, furlough or escape of any person, including but not limited to a prisoner, inmate, detainee, juvenile, patient or client, from the custody of a public employee or employer or their agents, unless gross negligence is shown in allowing such release, parole, furlough or escape.

(j) any claim based on an act or failure to act to prevent or diminish the harmful consequences of a condition or situation, including the violent or tortious conduct of a third person, which is not originally caused by the public employer or any other person acting on behalf of the public employer. This exclusion shall not apply to:

(1) any claim based upon explicit and specific assurances of safety or assistance, beyond general representations that investigation or assistance will be or has been undertaken, made to the direct victim or a member of his family or household by a public employee, provided that the injury resulted in part from reliance on those assurances. A permit, certificate or report of findings of an investigation or inspection shall not constitute such assurances of safety or assistance; and

(2) any claim based upon the intervention of a public employee which causes injury to the victim or places the victim in a worse position than he was in before the intervention; and

(3) any claim based on negligent maintenance of public property; (4) any claim by or on behalf of a patient for negligent medical or other therapeutic treatment received by the patient from a public employee.

Nothing in this section shall be construed to modify or repeal the applicability of any existing statute that limits, controls or affects the liability of public employers or entities.

Notes of Decisions
Cited in 458 cases (68 in the last 5 years), 1981–2026 · leading case: Dobos v. Driscoll, 537 N.E.2d 558 (Mass. 1989).
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Dobos v. Driscoll, 537 N.E.2d 558 (Mass. 1989). · cites it 28× “The Commonwealth's claims of immunity are based on G.L.c. 258, §§ 10 (b) and (c). We treat these claims separately.”
Irwin v. Town of Ware, 467 N.E.2d 1292 (Mass. 1984). · cites it 14× “" G.L.c. 258, § 10 ( b ). As a threshold matter, therefore, we must determine whether the challenged actions of the police officers were outside the Act as "discretionary functions" within the meaning of G.”
Sullivan v. Chief Just. for Admin. & Mgmt. of the Trial Court, 448 Mass. 15 (Mass. 2006). · cites it 10× “Moreover, the county’s sovereign immunity as to claims based on negligent maintenance of public property was abrogated by the enactment of the Massachusetts Tort Claims Act (Act), G. L. c. 258, § 10 (/) (3). As part of the Court Reorganization Act of 1978, responsibility for the…”
Kent v. Commonwealth, 437 Mass. 312 (Mass. 2002). · cites it 7× “The Commonwealth relied on the so-called statutory public duty rule, G. L. c. 258, § 10 (j), for the proposition that it is immune from claims of “failure to act” unless a plaintiff can prove that the Commonwealth’s affirmative conduct “originally caused” the “condition or…”
Cormier v. City of Lynn, 91 N.E.3d 662 (Mass. 2018). · cites it 7× “We allowed the plaintiffs' motion for further appellate review, limited to whether the Massachusetts Tort Claims Act (act), G. L. c. 258, § 10 ( j ), bars the plaintiffs from bringing claims against the public defendants in relation to this incident.”
Brum v. Town of Dartmouth, 428 Mass. 684 (Mass. 1999). · cites it 8× “These cases raise issues under G. L. c. 258, § 10 (b) and (/), immunity provisions of the Massachusetts Tort Claims Act.”
Greenwood v. Town of Easton, 444 Mass. 467 (Mass. 2005). · cites it 12× “824 (1974), asserting that it was immune from liability pursuant to various provisions of the Massachusetts Tort Claims Act (Act), G. L. c. 258, § 10. A judge in the Superior Court denied the town’s motion, concluding that the town was not entitled to immunity under the Act, and…”
Spring v. Geriatric Auth. of Holyoke, 475 N.E.2d 727 (Mass. 1985). · cites it 8× “He also ruled that the plaintiff's intentional tort claims were barred by G.L.c. 258, § 10 ( c ), which states that c.”
Nelson v. Salem State Coll., 845 N.E.2d 338 (Mass. 2006). · cites it 6× “These arguments are based on a misunderstanding of the relevant authority and improperly conflate common-law immunity and the discretionary function exemption found in G. L. c. 258, § 10 (b). *537 The Act, enacted in 1978, created a cause of action against public employers for…”
A.L. v. Commonwealth, 521 N.E.2d 1017 (Mass. 1988). · cites it 10× “" The Act exempts from liability "any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a public employer or public employee, acting within the scope of his office or employment, whether or not the…”
Thomas v. Town of Chelmsford, 267 F. Supp. 3d 279 (D. Mass. 2017). · cites it 4× “The liability of a public employer under section 2 of the MTCA is subject to several exclusions, listed in Mass. Gen. Laws ch. 258, § 10 . The Town invokes the exclusion in section 10(j), under which it retains immunity from suit for claims “based on an act or failure to act to…”
Morrissey v. New England Deaconess Ass'n - Abundant Life Communities, Inc., 458 Mass. 580 (Mass. 2010). · cites it 9× “Morrissey, on behalf of the JNM 2006 Trust, against, among others, the Executive Office of Transportation and Public Works (Commonwealth) 3 is barred by the exceptions to the waiver of sovereign immunity set forth in G. L. c. 258, § 10 (b) and (e). For the reasons that follow,…”
Show all 458 citing cases →
— Mass. Gen. Laws ch. 258, § 10(1) — 1 case
LaMachia v. City of Worcester, 17 Mass. L. Rptr. 467 (Mass. Super. Ct. 2004).
— Mass. Gen. Laws ch. 258, § 10(4) — 1 case
Vining v. Commonwealth, 828 N.E.2d 576 (Mass. App. Ct. 2005).
— Mass. Gen. Laws ch. 258, § 10(6) — 26 cases
Rodriguez v. Cambridge Hous. Auth., 795 N.E.2d 1 (Mass. App. Ct. 2003).
Tryon v. City of Lowell, 565 N.E.2d 456 (Mass. App. Ct. 1991).
Wheeler v. Boston Hous. Auth., 606 N.E.2d 916 (Mass. App. Ct. 1993).
Tarzia v. Town of Hingham, 622 N.E.2d 1372 (Mass. App. Ct. 1993).
Alter v. City of Newton, 617 N.E.2d 656 (Mass. App. Ct. 1993).
— Mass. Gen. Laws ch. 258, § 10(A) — 7 cases
Ariel v. Town of Kingston, 867 N.E.2d 367 (Mass. App. Ct. 2007).
Rodriguez v. Cambridge Hous. Auth., 795 N.E.2d 1 (Mass. App. Ct. 2003).
McCarthy v. City of Waltham, 924 N.E.2d 316 (Mass. App. Ct. 2010).
Anderson v. City of Gloucester, 914 N.E.2d 926 (Mass. App. Ct. 2009).
Makynen v. Mustakangas, 655 N.E.2d 1284 (Mass. App. Ct. 1995).
— Mass. Gen. Laws ch. 258, § 10(a) — 9 cases
McCarthy v. City of Waltham, 924 N.E.2d 316 (Mass. App. Ct. 2010).
Smith v. Registrar of Motor Vehs., 845 N.E.2d 389 (Mass. App. Ct. 2006).
Tivnan v. Registrar of Motor Vehs., 734 N.E.2d 1182 (Mass. App. Ct. 2000).
Hardy v. City of Somerville, 3 Mass. L. Rptr. 158 (Mass. Super. Ct. 1994).
Donahue v. Commonwealth, 2 Mass. L. Rptr. 181 (Mass. Super. Ct. 1994).
— Mass. Gen. Laws ch. 258, § 10(b) — 93 cases
Chiao-Yun Ku v. Town of Framingham, 816 N.E.2d 170 (Mass. App. Ct. 2004).
Medina v. State, 35 P.3d 443 (Colo. 2001).
Cady v. Plymouth-Carver Reg'l Sch. Dist., 457 N.E.2d 294 (Mass. App. Ct. 1983).
Audette v. Commonwealth, 829 N.E.2d 248 (Mass. App. Ct. 2005).
Harrington ex rel. Harrington v. City of Attleboro, 172 F. Supp. 3d 337 (D. Mass. 2016).
— Mass. Gen. Laws ch. 258, § 10(c) — 99 cases
Barrows v. Wareham Fire Dist., 976 N.E.2d 830 (Mass. App. Ct. 2012).
Ortiz v. Cnty. of Hampden, 449 N.E.2d 1227 (Mass. App. Ct. 1983).
Forbush v. City of Lynn, 625 N.E.2d 1370 (Mass. App. Ct. 1994).
Howcroft v. City of Peabody, 747 N.E.2d 729 (Mass. App. Ct. 2001).
Parker v. Chief Just. for Admin. & Mgmt. of Trial Court, 852 N.E.2d 1097 (Mass. App. Ct. 2006).
— Mass. Gen. Laws ch. 258, § 10(c)(1978) — 1 case
Petricca v. City of Gardner, 194 F. Supp. 2d 1 (D. Mass. 2002).
— Mass. Gen. Laws ch. 258, § 10(d) — 4 cases
Vining v. Commonwealth, 828 N.E.2d 576 (Mass. App. Ct. 2005).
Barley v. Town of Auburn, 19 Mass. L. Rptr. 73 (Mass. Super. Ct. 2005).
Vining v. Commonwealth, 17 Mass. L. Rptr. 619 (Mass. Super. Ct. 2004).
LaPage v. Dennehy, 27 Mass. L. Rptr. 357 (Mass. Super. Ct. 2010).
— Mass. Gen. Laws ch. 258, § 10(e) — 14 cases
Smith v. Registrar of Motor Vehs., 845 N.E.2d 389 (Mass. App. Ct. 2006).
Opalenik v. LaBrie, 945 F. Supp. 2d 168 (D. Mass. 2013).
Mello Constr., Inc. v. Div. of Capital Asset Mgmt., 999 N.E.2d 1091 (Mass. App. Ct. 2013).
Wasserman v. Town of Bellingham, 7 Mass. L. Rptr. 40 (Mass. Super. Ct. 1997).
Pinecrest Vill., Inc. v. MacMillan, 5 Mass. L. Rptr. 86 (Mass. Super. Ct. 1996).
— Mass. Gen. Laws ch. 258, § 10(f) — 12 cases
Wallace v. Ohio Dep't of Com., 96 Ohio St. 3d 266 (Ohio 2002).
Parker v. Chief Just. for Admin. & Mgmt. of Trial Court, 852 N.E.2d 1097 (Mass. App. Ct. 2006).
Comeau v. Town of Webster, 881 F. Supp. 2d 177 (D. Mass. 2012).
Kent v. Commonwealth, 750 N.E.2d 1018 (Mass. App. Ct. 2001).
Wallace v. Ohio Dept. of Com., 2002 Ohio 4210 (2002).
— Mass. Gen. Laws ch. 258, § 10(h) — 17 cases
Audette v. Commonwealth, 829 N.E.2d 248 (Mass. App. Ct. 2005).
Parker v. Chief Just. for Admin. & Mgmt. of Trial Court, 852 N.E.2d 1097 (Mass. App. Ct. 2006).
Ford v. Town of Grafton, 693 N.E.2d 1047 (Mass. App. Ct. 1998).
Devlin v. Commonwealth, 986 N.E.2d 882 (Mass. App. Ct. 2013).
Walenty v. Town of Mendon, 774 N.E.2d 164 (Mass. App. Ct. 2002).
— Mass. Gen. Laws ch. 258, § 10(i) — 3 cases
LaMachia v. City of Worcester, 17 Mass. L. Rptr. 467 (Mass. Super. Ct. 2004).
Kent v. Commonwealth, 10 Mass. L. Rptr. 1 (Mass. Super. Ct. 1999).
Mejia-Cabral v. Eagleton Sch., Inc., 10 Mass. L. Rptr. 452 (1999).
— Mass. Gen. Laws ch. 258, § 10(ib) — 1 case
Wightman v. Town of Methuen, 526 N.E.2d 1079 (Mass. App. Ct. 1988).
— Mass. Gen. Laws ch. 258, § 10(if) — 1 case
Vining v. Commonwealth, 828 N.E.2d 576 (Mass. App. Ct. 2005).
— Mass. Gen. Laws ch. 258, § 10(j) — 70 cases
Audette v. Commonwealth, 829 N.E.2d 248 (Mass. App. Ct. 2005).
Pettengill v. Curtis, 584 F. Supp. 2d 348 (D. Mass. 2008).
Harrington ex rel. Harrington v. City of Attleboro, 172 F. Supp. 3d 337 (D. Mass. 2016).
Doe v. D'agostino, 367 F. Supp. 2d 157 (D. Mass. 2005).
Armstrong v. Lamy, 938 F. Supp. 1018 (D. Mass. 1996).
— Mass. Gen. Laws ch. 258, § 10(j)(1) — 6 cases
Heaberlin v. Fall River Dep't of Soc. Servs., 13 Mass. L. Rptr. 282 (Mass. Super. Ct. 2001).
Cooper v. Somerville Hous. Auth., 10 Mass. L. Rptr. 410 (Mass. Super. Ct. 1999).
Hayes v. Town of Dalton (D. Mass. 2025).
Melchionno v. Rizzo, 8 Mass. L. Rptr. 495 (Mass. Super. Ct. 1998).
Foley v. City of Boston, 7 Mass. L. Rptr. 356 (Mass. Super. Ct. 1997).
— Mass. Gen. Laws ch. 258, § 10(j)(2) — 6 cases
Serrell v. Franklin Cnty., 713 N.E.2d 389 (Mass. App. Ct. 1999).
Hardy v. City of Somerville, 3 Mass. L. Rptr. 158 (Mass. Super. Ct. 1994).
Doe v. Town of Stoughton (D. Mass. 2018).
Doe v. Town of Stoughton (D. Mass. 2020).
Heaberlin v. Fall River Dep't of Soc. Servs., 13 Mass. L. Rptr. 282 (Mass. Super. Ct. 2001).
— Mass. Gen. Laws ch. 258, § 10(j)(3) — 5 cases
Moore v. Town of Billerica, 989 N.E.2d 540 (Mass. App. Ct. 2013).
Fortenbacher v. Commonwealth, 888 N.E.2d 377 (Mass. App. Ct. 2008).
Ahmed v. Burns, 12 Mass. L. Rptr. 191 (Mass. Super. Ct. 2000).
Turk v. Town of Westborough, 28 Mass. L. Rptr. 200 (Mass. Super. Ct. 2011).
Est. of Walenty v. Town of Mendon, 11 Mass. L. Rptr. 59 (Mass. Super. Ct. 1999).
— Mass. Gen. Laws ch. 258, § 10(j)(4) — 1 case
Heaberlin v. Fall River Dep't of Soc. Servs., 13 Mass. L. Rptr. 282 (Mass. Super. Ct. 2001).
— Mass. Gen. Laws ch. 258, § 10(j)(l) — 4 cases
Lucia v. City of Peabody, 971 F. Supp. 2d 153 (D. Mass. 2013).
Barley v. Town of Auburn, 19 Mass. L. Rptr. 73 (Mass. Super. Ct. 2005).
Halchak v. Romeo, 31 Mass. L. Rptr. 9 (Mass. Super. Ct. 2013).
Lamare v. Commonwealth, 11 Mass. L. Rptr. 442 (Mass. Super. Ct. 2000).
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