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GUTIERREZ v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

437 Mass. 396 (2002)

DANIELLA GUTIERREZ & another v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 2, 2002.

Attorney(s) appearing for the Case

Michael J. Heineman (David W. Heinlein with him) for the plaintiffs.

James G. Reardon, Jr. (Julie E. Reardon with him) for the defendants.

Austin M. Joyce, for Massachusetts Police Association, Inc., amicus curiae, submitted a brief.

Present (Sitting at Barnstable): MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

COWIN, J.

The plaintiffs, sisters Daniella and Dominique Gutierrez, brought this action against the Massachusetts Bay Transportation Authority (MBTA), four of its officers individually, and two other individuals3 for personal injuries and civil rights violations. Their claims arose out of an incident at the New England Medical Center MBTA station in Boston during which MBTA officers placed the...

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