Kilburn v. Dept. of Correction

Full title: ANDREW W. KILBURN v. DEPARTMENT OF CORRECTION others

Court: Appeals Court of Massachusetts

Date published: Jun 30, 2008

889 N.E.2d 450 (Mass. App. Ct. 2008)

72 Mass. App. Ct. 1105

Opinion

No. 07-P-987.

June 30, 2008.

Decisions Pursuant to Rule 1:28.

The portion of the judgment dismissing Kilburn's Eighth Amendment claims against Black and any other defendants thereby implicated pursuant to a theory of respondeat superior, is vacated. The portion of the judgment dismissing the negligence claims against the DOC defendants is vacated. The portion of the judgment dismissing the negligence claims against Black and the CMS/UMCH defendants is vacated with the exception of Orlatunji, whose dismissal is affirmed. In all other aspects the judgments are affirmed. The case is remanded to the Superior Court for proceedings consistent with the memorandum and order of the Appeals Court.