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Well, the first hints of a civil suit have arrived:
Goddamn ambulance chaser.
"But that's my opinion as I scent blood in the water and the opportunity to make a couple of bucks off the backs of the deceased's estate."
Slimy worm. Scum. Ambulance chaser.
Likely not, as shooting someone is an intentional act. If it turns out to be civilly wrongful, it would be what we call an "intentional tort." Not only are intentional torts excluded from virtually all liability policies by their language, there is sound reason to doubt whether insurance against liability for an intentional tort would be consistent with public policy (and, if not, it would be unenforceable).
I know....... but ........C258 defines it as:
Who Is a Public Employee? A public employee is any “elected or appointed, officers or employees of any public employer, whether serving full or part-time, temporary or permanent, compensated or uncompensated, . . . .” G.L. c. 258, §1. Independent contractors are not public employees. Rowe v. Arlington, 28 Mass.App.Ct. 389 (1990).
Just thinking out loud.
He is from Reading. I don't know if Reading is a so-called "green" town or if there were any restrictions on his LTC. If it was restricted to "employment only" and he wasn't officially on-duty when this happened, there is a chance that his chief could consider him to be "unsuitable". It wouldn't really matter how much of a "hero" he is if he is in violation of any restrictions on the LTC; he could still end up having it revoked. There are many "Special Police Officers" in Boston, most of whom work for private security companies and have this status while in uniform and on duty only. Regarding lawsuits, there may not be much to seize from him even if judgment is rendered against him. Security guards, armed or otherwise, are not highly paid. He lives with his parents, so he obviously doesn't own any real estate. They may sue his employer or even the chief who issued the LTC, but I cannot see that going far. If he is found civilly liable and has judgment rendered, he will probably just file BK7.I hear some attorney is interested in a civil case against the guard now.
I heard on the radio today that the guy who got shot was about 300#....good reason for the double tap.
And that Scott Brown has introduced some kind of 'Good Samaritan' legislation.
I wouldn't think the BPPA would. These guys are strictly free lance, working for security companies..they man the housing projects, Longwood towers, Shattuck Hospital, Boston City Hosp, etc.
Had an armed private citizen not been present to defend Dr. Desrosiers, the outcome undoubtedly would have been even more tragic. Without any reasonable means for doctors and nurses to defend themselves against violent attacks at work, hospitals must implement better training programs and a uniform method for reporting incidents. A recent report of the National Institute for Occupational Safety shows major gaps in hospital security, though in states with regulations designed to prevent violence against health care workers, hospitals reportedly have safer working conditions.