Local Control: Massachusetts Law Provides Stronger Protection Against Sexual Harassment than Federal Law

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal district court applying Massachusetts law that demonstrates the power of tough state antidiscrimination laws. Grossman describes the facts of the case and the differences between Massachusetts and federal law and explains why robust state laws have the power to hold institutions liable when they delegate authority to those who abuse it.

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Diorio v. Hines Road, LLC

Docket: 18-207

Opinion Date: March 30, 2020

Judge: William P. Robinson, III

Areas of Law: Personal Injury, Real Estate & Property Law

In this property dispute, the Supreme Court affirmed in part and vacated in part the judgment of the superior court granting Defendants' motion for summary judgment based on the ground of prosecutorial immunity, holding that the hearing justice erred in applying prosecutorial immunity to the Building and Zoning Official for the Town of Cumberland (Building Official Hall) and the Town of Cumberland (Town). Plaintiffs sued the Solicitor for the Town of Cumberland (Solicitor Hefner), Building Official Hall, and the Town, claiming negligence, private nuisance, trespass, intentional infliction of emotional distress and seeking declaratory judgment and injunctive relief after Plaintiffs' neighbor prevailed on an action against the Town regarding its agreement with the Town regarding a retaining wall abutting Plaintiffs' property. The hearing justice granted summary judgment in favor of Defendants. The Supreme Court vacated the decision in part, holding (1) Solicitor Hefner was entitled to prosecutorial immunity; (2) Building Official Hall failed to meet his burden of proof as to prosecutorial immunity; and (3) because this Court is vacating the superior court's decision with respect to Building Official Hall, the summary judgment decision with respect to the Town is also vacated.