1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...

ALM GL ch. 258E, § 1
Page 2
HISTORY: 2010, 23.
NOTES: Editorial Note
Acts 2010, 23, effective May 10, 2010, enacted this section.
Treatise References
CR Model Jur Instructions for use in the Dis Cts - Mass. Instruction 6.740, Violation of a Harassment Prevention
Order.
Law Review References
Closing the Loophole in Massachusetts Protection Order Legislation to Provide Greater Security for Victims of
Sexual Assault: Has Massachusetts General Laws Chapter 258E Closed It Enough 17 Suffolk J. Trial & App. Adv. 102
(2012).
CASE NOTES
Civil harassment act is not constitutionally overbroad because it does not prohibit a substantial amount of protected
speech, either in an absolute sense or in relation to the statute's legitimate sweep. O'Brien v. Borowski (2012) 461 Mass
415, 961 NE2d 547, 2012 Mass. LEXIS 19.
ALM GL c 258E establishes significant prerequisites to any challenge to rude, uncivil, or profane conduct in
general, let alone by police officials. Ch. 258E provides no easy shortcut to more traditional and appropriate modes of
challenging police conduct, such as defending criminal proceedings or meeting the burden of proving claims under
other civil statutes. Palumbo v. Tusino (2011) 29 Mass L Rep 125, 2011 Mass. Super. LEXIS 273.
Police officer's lawful exercise of discretion, even though implemented in an antagonistic, angry, and unnecessarily
unhelpful manner during two related encounters initiated by plaintiff, was not harassment under ALM GL c 258E.
Palumbo v. Tusino (2011) 29 Mass L Rep 125, 2011 Mass. Super. LEXIS 273.
"Acts" prohibited by the anti-harassment statute, ALM GL c 258E, include harassing speech. Palumbo v. Tusino
(2011) 29 Mass L Rep 125, 2011 Mass. Super. LEXIS 273.
Where plaintiff filed a complaint against a police officer for protection from harassment under ALM GL c 258E,
the court found that while the parties had a rude and angry discussion with raised voices, that conduct did not sink to the
level of willful and malicious conduct aimed at plaintiff with the intent to cause fear, intimidation, abuse, or property
damage. Palumbo v. Tusino (2011) 29 Mass L Rep 125, 2011 Mass. Super. LEXIS 273.