The lack of a written response to a cop-out does not indicate lack of care by FMC Devens. There is no institutional requirement that such request be responded to in writing, see Exh. 1, and, therefore, the failure of the staff to do so in a number of instances does not reflect a violation of its own policies. Cf. Sullivan v. Commissioner of Correction, 69 Mass. App. Ct. 1115, 2007 WL 2296547, at *6 (2007) (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). 13. Dr. Howard, the Clinical Director at FMC Devens during Buculei's time there, testified that such requests could be responded to in various ways and not just in writing.

Moreover, "breach of the duty of care and negligence are typically questions of fact" for the factfinder. Swan, 698 F. Supp. 2d at 231; see Sullivan v. Commissioner of Correction, 69 Mass. App. Ct. 1115 (2007) (reversing 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). Although Buculei does not dispute that he received dental care from Defendant between December 2006 and February 2010, he disputes that he received timely and prompt care and has identified multiple cop-outs that went unheeded or were not responded to in a prompt manner.