Massachusetts Law About Harassment, Stalking or Intentional Infliction of Emotional Distress
Massachusetts Laws
- MGL c.258E Harassment Prevention Orders, effective May, 2010.
- MGL c. 265, s.37: Violations of Constitutional Rights
- MGL c. 265, s.43: Stalking
- MGL c. 265, s.43A: Criminal Harassment; Punishment
- MGL c. 269, s14A: Annoying Telephone Calls
Federal Laws
- 18 USC 2261A Interstate Stalking
- 47 USC 223 Obscene or Harassing Telephone Calls in the District of Columbia or in Interstate or Foreign Communications
Forms
Harassment Prevention Orders, Mass. District Court. Forms include: Complaint for Protection from Harassment, Defendant Information Form, Plaintiff Confidential Information Form, Request for Access to Plaintiff Confidential Information, Motion for Impoundment, Affidavit for Filing Out-of-State Protective Order, Instructions for Police Departments After Court Hours.
Jury Instructions
- Annoying and Accosting Persons of the Opposite Sex (G.L. c. 272, § 53), 2007.
- Civil Rights Violations (G.L. c. 265, § 37), 1995.
- Criminal Harassment (G.L. c. 265, § 43A), 2011.
- Harassing or Obscene Telephone Calls (G.L. c. 269, § 14A), 2011.
- Stalking (G.L. c. 265, § 43), 2011.
- Threat to Commit Crime (G.L. c. 275, §§ 2-4), 2009.
- Violation of an Abuse Prevention Order (G.L. c. 209A, § 7), 2011.
- Violation of a Harassment Prevention Order (G.L. c. 258E, § 9), 2011.
Selected Case Law
Agis v. Howard Johnson Co., 371 Mass. 140 (1976). Expanded liability to cases without physical harm. Court held that "one who, by extreme and outrageous conduct and without privilege causes severe emotional distress to another is subject to liability for such emotional distress even though no bodily harm may result."
Brown v. Nutter, McClennen and Fish, 45 Mass. App.Ct. 212 (1998). Legal secretary brought action against law firm and one of its attorneys for emotional distress. Court held that while the Workers' Compensation Act barred her claim against the firm, it did not immunize the attorney from personal liability.
Commonwealth v. Alphas, 430 Mass. 8 (1999). "In order to convict a defendant under 'following' prong of stalking statute, Commonwealth is required to prove more than two incidents of following."
Commonwealth v. Richards, 426 Mass. 689 (1998). Court held MGL chapter 269, section 14A does not apply to allegedly annoying facsimile transmissions.
Commonwealth v. Wotan, 422 Mass. 740 (1996). "Term 'repeatedly' in statute making it a misdemeanor to telephone someone repeatedly solely to harass, annoy or molest requires three or more telephone calls."
George v. Jordan Marsh Co., 359 Mass. 244 (1971). Court held that "one who, without a privilege to do so, by extreme and outrageous conduct intentionally causes severe emotional distress to another, with bodily harm resulting from such distress, is subject to liability."
Payton v. Abbott Labs, 386 Mass. 540 (1982). Great summary of the history of the tort and its required elements.
Quinn v. Walsh, 49 Mass.App.Ct. 696 (2000). "Openly conducting adulterous affair was not sufficiently outrageous conduct to support claim for intentional infliction of emotional distress."
Other Web Sources
Harassment Prevention Orders (G.L. c.258E): District Court Transmittal 1042. An excellent resource which details the differences between MGL c.209A and MGL c.258E. Be sure to use in conjuction with Transmittal 1046, which includes recent amendments to 258E.
Print Sources
"Complaints for Intentional Infliction of Emotional Distress." 12A Am Jur Pleading and Practice Forms 536-578 (Includes forms).
Damages, Interest and Attorneys' Fees in Massachusetts Litigation, MCLE, loose-leaf. pp. 8-24 to 8-27.
"Intentional Infliction of Emotional Distress," 43 Am Jur Proof of Facts 2d 1.
"Liability of Employer, Supervisor, or Manager for Intentionally or Recklessly Causing Employee Emotional Distress," 52 ALR 4th 853.
Massachusetts Practice, vol. 37 (Tort Law), Thomson West, 2005, sec. 13.7.
Massachusetts Superior Court Civil Practice Jury Instructions, MCLE, loose-leaf, Chapter 8.
Massachusetts Tort Damages, 2d ed., by Michael B. Bogdanow, Lexis, 1999 (with supplement), Chapter 6.
Massachusetts Tort Law Manual, MCLE, loose-leaf, Chapter 6.
Modern Status of Intentional Infliction of Mental Distress as Independent Tort; Outrage," 38 ALR 4th 998.
Mottla's Proof of Cases in Massachusetts, by Marc G. Perlin, Thomson West, 1992 with supplement, vol. 2, Chapter 15.
Proving Mental and Emotional Injuries, James Publishing, loose-leaf.
Proving or Protecting Against "Intangible Harm": A New(er) Understanding of Psychological Damage, MCLE, 2004.
"Validity, Construction and Application of Stalking Statutes," 29 ALR 5th 487.