Massachusetts has agreed to pay $10 million to settle the lawsuit over the death of David Almond, the 14-year-old Fall River boy with autism who died of starvation and neglect in October 2020, months after the Department of Children and Families returned him and one of his triplet brothers to their father’s home. The agreement was reached October 21, 2026, six years to the day after David died. It still needs approval from Suffolk Superior Court. Boston.com, Fall River Reporter, Boston 25 News and The Herald News (via Massachusetts Lawyers Weekly) reported the settlement.
The Commonwealth disputed the allegations and raised defenses including sovereign immunity, Fall River Reporter reported. A settlement is not a finding of fault. Here is what the lawsuit alleged, where the money would go, and why the case ended up in state court.
What the settlement would pay for
- Trusts for the brothers. David’s two surviving brothers, now adults with autism, would each receive an independently managed lifelong special needs trust, according to the Justice Law Collaborative, which represents the estate. The Herald News reported that each trust is $2.89 million.
- Two funds in David’s name, $750,000. The SouthCoast Community Foundation would manage a $150,000 scholarship fund for college, vocational or technical training, with priority for neurodivergent children in Massachusetts foster care, and a $600,000 fund for Massachusetts nonprofits and schools that serve neurodivergent people, Boston.com reported.
- Legal costs. The rest of the $10 million covers the plaintiffs’ legal expenses, according to The Herald News.
“No settlement can undo what happened to David and his brothers, but this resolution holds the Commonwealth and DCF accountable for the systemic failures that put these very vulnerable boys in harm’s way,” attorney Paula Bliss said. A DCF spokesperson said, “Nothing can make up for the tragic loss of David’s life,” and the agency said it has since created a Disability Services Unit and revised its reunification, supervision and family assessment policies. Attorney General Andrea Campbell said she hopes the resolution “provides the surviving children with the resources and support they need and deserve,” Boston 25 reported.
What the lawsuit alleged
The fullest public account of the allegations is a November 19, 2024 ruling by U.S. District Judge Allison D. Burroughs in the federal version of the case, Hanna v. Department of Children and Family Services, No. 1:23-cv-12340. The judge summarized the complaint, and on a motion to dismiss a court assumes the complaint’s facts are true. These are allegations, not findings:
- Removal. The triplets, born in 2006, were diagnosed with autism at age two. DCF removed them from their father, John Almond, and his girlfriend, Jaclyn Coleman, in October 2017 over neglect, physical abuse, substance use, unsanitary conditions and missed school, and placed them at the Devereux School.
- Unfit, then reunification. On July 10, 2019, the Juvenile Court found Almond unfit, making DCF the boys’ legal custodian. The next day, DCF changed the boys’ plan from adoption back to reunification.
- Warnings. Service providers, the congregate care program and the boys’ school urged DCF to slow the transition. Coleman told a DCF worker in January 2020 that the reunification was moving too fast and the one-bedroom apartment was too small. After an overnight visit in February 2020, one triplet begged not to go back and stayed at Devereux.
- The return. Three days after the March 2020 COVID-19 emergency declaration, DCF placed David and his brother M.A. with the couple while keeping legal custody. The complaint said the boys had been doing well and were at a healthy weight. Visits then moved to monthly video calls.
- The months that followed. According to the complaint, DCF heard that David was lying in his own vomit, that his father had restrained him, and that he was made to scrub the floor with a toothbrush as punishment, and it watched Coleman coach the boys’ answers on video. In July 2020, on DCF’s recommendation, the Juvenile Court returned legal custody of the two boys to the couple, with DCF supervision continuing. In August, DCF heard that David had scratched his collarbone raw, saw a bandage on his nose during a video visit, and did not accept for investigation an anonymous report of deplorable conditions and drug use.
- October 21, 2020. Police found David unresponsive in the apartment. The complaint says he weighed about 80 pounds, 60 pounds less than seven months earlier. The medical examiner ruled the death a homicide caused by starvation and neglect.
John Almond and Jaclyn Coleman pleaded guilty to second-degree murder in March 2023 and were sentenced to life in prison, Boston.com and Massachusetts Lawyers Weekly reported. The Office of the Child Advocate’s 2021 report called the case a failure at multiple levels and made 26 recommendations.
Why the case moved from federal court to state court
The federal ruling explains why the money claims against the state ended up in Suffolk Superior Court.
- Negligence and civil rights claims dismissed in federal court. Judge Burroughs dismissed the negligence claims and the 42 U.S.C. § 1983 claims against DCF and the state officials, citing the Eleventh Amendment. She wrote that the Massachusetts Tort Claims Act’s waiver of sovereign immunity “extends only to claims brought in state court,” so the Commonwealth could raise immunity in federal court even though “this would not be a defense in state court.”
- Disability claim survived. The judge let the claim under Title II of the Americans with Disabilities Act and § 504 of the Rehabilitation Act go forward against the Commonwealth defendants, finding the complaint plausibly alleged that DCF acted with deliberate indifference to the boys’ autism. She dismissed all claims against Fall River Public Schools.
- A pointer to state court. In a footnote, the judge wrote that “the strongest claims asserted as to all defendants are the state law claims,” and reminded the plaintiff that the federal claims could be dismissed or stayed so the case could proceed in state court first. The estate’s lawsuit was filed in Suffolk Superior Court in February 2025.
What Massachusetts law says about suing the state
The Massachusetts Tort Claims Act, G.L. c. 258, is the main way to sue the Commonwealth for negligence. Two parts of it frame a case like this one:
- The damages cap. Under § 2, public employers are liable for negligence “in the same manner and to the same extent as a private individual,” but not “for any amount in excess of $100,000,” and not for punitive damages or interest before judgment. The Almond lawsuit also alleged civil rights and disability discrimination claims, and the public reports do not say how the $10 million settlement was allocated among the claims.
- The failure-to-protect exclusion. Section 10(j) bars claims “based on an act or failure to act to prevent or diminish the harmful consequences of a condition or situation, including the violent or tortious conduct of a third person, which is not originally caused by the public employer.” It does not apply to a claim “based upon the intervention of a public employee which causes injury to the victim or places the victim in a worse position than he was in before the intervention.” The lawsuit’s central allegation, that DCF moved the boys from a placement where they were doing well into the home where David died, is the kind of fact that question turns on. Because the case settled, no court decided it.
- Presentment. Under § 4, a claim against the Commonwealth must first be presented in writing, to the Attorney General for a state agency, within two years, and a lawsuit must be filed within three years after the claim accrues.
What happens next
The settlement is pending before Suffolk Superior Court. It was not clear when a judge would rule on the motion to approve it, Boston 25 reported.
Frequently asked questions
How much is the David Almond settlement?
$10 million, agreed October 21, 2026, subject to court approval. It would fund lifelong special needs trusts for David’s two surviving brothers, $750,000 for two memorial funds through the SouthCoast Community Foundation, and the plaintiffs’ legal costs.
Did DCF admit fault in the David Almond case?
No. The Commonwealth disputed the allegations and raised defenses including sovereign immunity, according to Fall River Reporter. A settlement resolves the claims without a finding of liability. DCF said it has since changed its policies and created a Disability Services Unit.
Can you sue the state of Massachusetts for negligence?
Yes, under the Massachusetts Tort Claims Act, G.L. c. 258, generally in state court and after presenting the claim in writing. Negligence damages against a public employer are capped at $100,000, and § 10 excludes several kinds of claims, including many failure-to-protect claims, with exceptions.
What happened to David Almond’s father and his girlfriend?
John Almond and Jaclyn Coleman pleaded guilty to second-degree murder in March 2023 and were sentenced to life in prison.
Sources: Boston.com, October 22, 2026; Fall River Reporter; Boston 25 News; The Herald News via Massachusetts Lawyers Weekly, October 25, 2026. Memorandum and Order, Hanna v. Department of Children and Family Services, No. 1:23-cv-12340 (D. Mass. Nov. 19, 2024), ECF No. 55, read in full via CourtListener. G.L. c. 258, §§ 2, 4 and 10 read at malegislature.gov. The lawsuit’s claims are allegations. General information, not legal advice.