Opinion
No. 11–P–1968.
2012-06-22
SHAOGUANG LI v. CHILD & FAMILY PSYCHOLOGICAL SERVICES, INC.
By the Court (WOLOHOJIAN, SMITH & AGNES, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The plaintiff appeals from the judgment dismissing his complaint and order denying his motion for reconsideration. The complaint alleges that the plaintiff filed a complaint for modification of his parenting time. Trial occurred on March 11 and 12, 2010, during which the plaintiff represented that he had attended a parenting class in September, 2002. At the request of the judge, court staff attempted to verify this claim by contacting the defendant, which incorrectly reported that it had no record of the plaintiff's attendance and that it had not conducted any classes during September, 2002. The complaint asserts that the incorrect report was made “purposely,” and that the plaintiff suffered harm as a result, including a loss of credibility in front of the judge.
We note that the error was discovered about a month after the trial and promptly reported to the Probate and Family Court judge who modified his decision and amended the judgment as a result. Because this information is not contained within the complaint, we do not consider it for purposes of reviewing the propriety of the dismissal of the complaint.
Accepting the allegations of the complaint as true, the complaint was nonetheless properly dismissed because the defendant was immune from suit. See LaLonde v. Eissner, 405 Mass. 207, 212 (1989); Sarkisian v. Benjamin, 62 Mass.App.Ct. 741, 745–746 (2005). The defendant's record-keeping was part and parcel of its responsibilities as the provider of court-ordered services.
Judgment affirmed.
Order denying motion for reconsideration affirmed.