Section 3. No action, except for use of excessive force, shall lie against any officer other than the arresting officer, by reason of the fact that, in good faith and in the performance of his duties, he participates in the arrest or imprisonment of any person believed to be guilty of a crime unless it can be shown that such other officer in the performance of his duties took an active part in the arrest or imprisonment as aforesaid, either by ordering or directing that said arrest or imprisonment take place or be made, or by actually initiating the making and carrying out of said arrest and imprisonment. No action, except for use of excessive force, shall lie against any bystander assisting an officer in making an arrest, at the request of the officer.
Notes of Decisions
Cited in
4
cases, 1991–2003 · leading case:
Sietins v. Joseph, 238 F. Supp. 2d 366 (D. Mass. 2003).
Sietins v. Joseph, 238 F. Supp. 2d 366 (D. Mass. 2003).
“The Police Defendants claim that they are immune from prosecution for this count under Mass. Gen. Laws ch. 263, § 3 . However, since the allegation is that they ordered, directed or initiated the arrest, that statute offers them no protection.”
Rose v. Town of Concord, 971 F. Supp. 47 (D. Mass. 1997).
· cites it 2× “That section slates: No action, except for use of excessive force, shall lie against any officer other than the arresting officer, by reason of the fact that, in good faith and in the performance of his duties, he participates in the arrest or imprisonment of any person believed…”
Noel v. Town of Plymouth, Mass., 895 F. Supp. 346 (D. Mass. 1995).
“Because there are disputed issues of fact concerning the basis for the arrest, summary judgment is denied on Count III against Warnock and Fistori.”
Gross v. Bohn, 782 F. Supp. 173 (D. Mass. 1991).
“1987) (citing Mass, statute limiting joint liability of police officers to situations involving active participation of officer in arrest or imprisonment except in case of use of excessive force); and Mass.Gen.L. ch. 263, § 3 (providing limitation of joint liability of police…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.