vacating trial court's entry of summary judgment for Commissioner where, inter alia, DOC protocols provided for yearly teeth cleanings, but the record showed that the inmate had not received a dental cleaning between 1997 and 2005
Summary of this case from Buculei v. United StatesNo. 06-P-757.
August 10, 2007.
Decisions Pursuant to Rule 1:28.
Judgment vacated. Matter remanded for further proceedings consistent with the memorandum and order of the Appeals Court.
vacating trial court's entry of summary judgment for Commissioner where, inter alia, DOC protocols provided for yearly teeth cleanings, but the record showed that the inmate had not received a dental cleaning between 1997 and 2005
Summary of this case from Buculei v. United Statesreversing summary judgment for the defendant where there was no evidence in the record regarding "community standards" of health care regarding prisoner's dental care and where there were genuine issues of material fact regarding the circumstances under which dental cleanings were provided and whether one dentist had recommended a root canal
Summary of this case from Buculei v. United StatesFull title:JOHN J. SULLIVAN v. COMMISSIONER OF CORRECTION another
Court:Appeals Court of Massachusetts
Date published: Aug 10, 2007
Moreover, "breach of the duty of care and negligence are typically questions of fact" for the factfinder.…
Buculei v. United StatesThe lack of a written response to a cop-out does not indicate lack of care by FMC Devens. There is no…