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Ford v. Town of Grafton5/8/1998
Worcester.
February 4, 1998.
Massachusetts Tort Claims Act. Negligence, Police, Municipality. Governmental Immunity. Municipal Corporations, Liability for tort, Police. Police, Negligence. Civil Rights, Immunity of public official. Protective Order.
A directed verdict was entered against the plaintiff at the close of her case-in-chief, and she appeals. We summarize the evidence from her perspective. See Boyle v. Wenk, 378 Mass. 592, 593 (1979); Dobos v. Driscoll, 404 Mass. 634, 656, cert. denied, 493 U.S. 850 (1989).
On October 18, 1984, Catherine M. Ford obtained a temporary protective order from the Worcester Probate and Family Court, pursuant to G. L. c. 209A. The order required that James Davidson, Ford's husband from whom she was separated, (1) be prevented from imposing any restraint on her personal liberty and from abusing her; (2) stay away from 1 Birch Street, North Grafton, where Ford resided with her sister, Theresa Bowman, and her sister's husband; and (3) refrain from harassing Ford at her place of employment at Raytheon Company in Northborough.
On her way to the Grafton police station to get the protective order logged and posted, Ford stopped to speak with Officer David Glispin of the Grafton police at his home. She sought advice from Glispin on her situation, as he was a person she knew and an officer in town. Glispin told her that the situation with her husband was her problem. He stated that the police could not baby-sit her twenty-four hours a day. Rather, he advised her to buy a gun because the only way to deal with violence was violence.
On October 22, 1984, four days after the issuance of the protective order, Davidson attacked Ford when she left work. He dragged her from her vehicle and smashed her head against the car window, causing a concussion. The Northborough police arrived at the scene but advised Ford that Davidson could not be arrested for violating the protective order because he had not been served with the order. The police then served Davidson with the order and let him leave.
Ford was driven home from the scene by her sister and her sister's husband. She testified that her car was towed because Davidson had tampered with the vehicle so it would not start. She went from her home to the Grafton police department to report the attack. She was informed that nothing could be done because the incident had occurred in Northborough. Forty-five minutes later, Joanie Gervais, Ford's sister, called the Grafton police department and reported that Davidson was at her parents' house threatening to kill Ford if the family did not let him see or speak to her. One Grafton police officer responded to the phone call and took the intoxicated Davidson into protective custody, as an incapacitated person, without speaking to any family member. Davidson was released the following morning.
On October 25, 1984, Ford's temporary protective order was extended to October 25, 1985. The Grafton police department received the court order and was aware of its provisions, despite its unexplained absence from the department's logs.
During the year the protective order was in force, Ford and her family received numerous death threats from Davidson. She continually reported these threats to the Grafton police but was repeatedly told that there was nothing the police could do until Davidson caused her physical harm. The police also told her that they were not a baby-sitting service and that the situation was her problem. They suggested that she get a gun or call the telephone company.
Ford attempted to protect herself from Davidson by changing departments at work and requesting th
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