Motion to Dismiss Granted – No Trespass Order

Donnelly and Mayo earned a dismissal of a Worcester Superior Court action brought by a lessee of commercial property against the Town of Hardwick. The plaintiff alleged that the Town had violated his civil rights and improperly enforced a “No Trespass” order obtained by the lessor of the commercial property where plaintiff operated a business. During oral arguments, Attorney Mayo argued that the plaintiff failed to state a claim under the Massachusetts Civil Rights Act upon which relief could be granted. Mayo further argued that the Massachusetts Civil Rights Act does not permit holding a municipality liable under the theory of vicarious liability. Judge Lemire ruled from the bench and granted defense counsel’s Motion to Dismiss.

Other Cases / Wins: Civil  Rights