Slaven v. City of Salem
Supreme Judicial Court of Massachusetts
438 N.E.2d 348 (1982)
Relevant factsFree
Fitzgibbons hanged himself in a Salem (defendant) jail cell using his belt, which arresting officers never asked him to remove; Slaven (plaintiff), his sister and estate administratrix, sued for wrongful death, but the officers' affidavits uniformly denied suspecting he was suicidal or even knowing he wore a belt, and the trial court granted Salem summary judgment.
IssueFree
Whether, under Massachusetts law, a plaintiff's claim will survive a motion for summary judgment if the plaintiff has failed to provide any evidentiary support for an essential element of her claim.
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