Boston Office Obtains Two Appellate Wins From the Supreme Judicial Court For Doctors In Cases That Protect The Public Interest

Boston, Mass. (January 29, 2025) - Boston Partners Kenneth B. Walton and Patricia B. Gary recently obtained appellate victories from the Massachusetts Supreme Judicial Court for their doctor clients in two separate appeals, George Mackie v. Katrin Rouse-Weir and George Mackie v. Robert Joss, which implicate the public interest. The cases both arose under the Massachusetts “sexual dangerous person” (SDP) statute, G.L. c. 123A, et seq., which allowed the Commonwealth to petition to civilly commit the plaintiff after his release. One of the doctors was the probable cause expert whose opinions were required to begin the SDP process, and the other doctor was a qualified examiner whose opinions allowed the case to proceed to trial.

The plaintiff commenced separate civil actions against the two doctors, alleging that they falsely represented that he met the criteria to be committed as an SDP, and thereby committed civil rights violations under 42 U.S.C. §1983, medical malpractice, and violation of his constitutional due process rights. Two Superior Court judges allowed the doctors’ motions to dismiss, on the grounds that they were entitled to absolute quasi-judicial immunity. On appeal, the Appeals Court reversed both dismissal orders, concluding that the doctors were both “at most no more than a complaining witness,” and thus not entitled to full immunity under Kalina v. Fletcher, 522 U.S. 118, 129 (1997).

The Supreme Judicial Court granted the doctors’ applications for further appellate review in both cases, and reversed the Appeals Court. In a 24-page decision that serves to protect the public interest, the SJC held that absolute quasi- judicial immunity provides qualified examiners with complete immunity, and that they are also protected by the litigation privilege. The SJC did not reach whether probable cause experts are protected by quasi-judicial immunity, because it held that they are absolutely immune from liability by the litigation privilege, and affirmed the Superior Court judgments dismissing the complaints.