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Barnes v. Devlin (Lawyers Weekly No. 11-102-13)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑1283 Appeals Court CAROL BARNES vs. JAMES A. DEVLIN. No. 12‑P‑1283. Middlesex. May 1, 2013. ‑ August 16, 2013. Present: Berry, Katzmann, & Rubin, JJ. Divorce and Separation, Child support, Separation agreement, Modification of judgment, Postminority support to third party. Parent and Child, Child support. Contempt. Practice, Civil, Contempt, Stipulation. Complaint for divorce filed in the Middlesex Division of the Probate and Family Court Department on July 28, 1998. A complaint for contempt, filed on March 4, 2011, was heard by Spencer M. Kagan, J. David F. Bernardin for the father. KATZMANN, J. The central issue posed by this appeal is the interface of bargained-for stipulations and agreements incorporated into court judgments, with the restrictions of G. L. c. 208, § 28 (which conditions postminority support and education upon a child’s being domiciled in the home of a parent and principally dependent upon that parent for maintenance). James A. Devlin (father) appeals from a judgment entered by a Probate and Family Court judge on a complaint of contempt filed by Carol Barnes (mother). The mother alleged that the father failed to pay child support and education expenses as required by a court-approved separation agreement (as modified) that was mutually agreed to by the parties upon their divorce, and subsequently incorporated and merged into a judgment of divorce nisi. After a one-day trial, the judge found the father in civil contempt and ordered him to pay $ 9,200 to the mother in child support arrears and $ 6,448 per year toward the parties’ son’s education expenses. We affirm. Background. The parties have one child, who was born in 1991. On June 14, 2000, the parties entered into and filed a separation agreement; that same day, a judgment of divorce nisi entered pursuant to G. L. c. 208, § 1B. Pursuant to the separation agreement, the parties agreed that they would share legal custody of their son and that the mother would have sole physical custody. The parties also agreed to share their son’s post-high school education expenses, consistent with the financial abilities and resources available to each party. Finally, the separation agreement required the father to pay the mother $ 140 per week in child support “until emancipation” of their son. The separation agreement provided a list of conditions that would result in the […]

Devlin v. Commonwealth (Lawyers Weekly No. 11-053-13)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑401 Appeals Court PATRICK J. DEVLIN vs. COMMONWEALTH. No. 12‑P‑401. Suffolk. October 11, 2012. ‑ April 24, 2013. Present: Kantrowitz, Sikora, & Rubin, JJ. Massachusetts Tort Claims Act. Governmental Immunity. Commonwealth, Liability for tort. Negligence, Governmental immunity, Correctional facility. Incompetent Person, Commitment. Civil action commenced in the Superior Court Department on November 12, 1998. The case was tried before Christopher J. Muse, J., and a motion for judgment notwithstanding the verdict or for a new trial, as well as a motion for remittitur, were considered by him. Brian P. Mansfield for the Commonwealth. Joshua M.D. Segal for the plaintiff. RUBIN, J. The following facts are taken from the undisputed testimony at the trial in the Superior Court. The plaintiff, Patrick J. Devlin, was on November 1, 1995, civilly committed to Bridgewater State Hospital under G. L. c. 123, § 35, on the petition of his wife, who feared he was a danger to himself because of his alcoholism. Devlin was housed and treated with other civilly committed individuals in the Massachusetts addiction center, which was part of the Southeastern Correctional Center in Bridgewater. In addition to civilly committed individuals, present at the addiction center were guards and members of the inner perimeter security (IPS) unit. There were also “trustees,” criminal convicts who worked in the civil commitment area doing laundry, sweeping, and other janitorial chores. On Thanksgiving afternoon, November 23, 1995, Devlin sought to make a telephone call to his wife to let her know that he was not angry at her for having him civilly committed. It was after lunch and, while most of the other civilly committed individuals were watching football on television, Devlin was on his bunk in the room in which he slept. Those seeking to make a telephone call were required to place their nametags on a post near a telephone about forty-five feet from Devlin’s bunk. The nametags formed a list and when someone’s tag was first on the list, it would be that individual’s turn to place a call. It being Thanksgiving, everyone sought to make a telephone call, and Devlin’s tag was the last one. After one of the other civilly committed inmates came in and told Devlin it was his turn, he left his bunk and approached the telephone. When […]