RICHARD DUDLEY, JR.
MASSACHUSETTS STATE POLICE.
Heard: December 1, 2016.
action commenced in the Superior Court Department on February
1, 2013. The case was heard by William F. Sullivan, J., on a
motion for summary judgment.
R. Markle for the plaintiff.
W. Koster, Assistant Attorney General, for the defendant.
Present: Cypher, Maldonado, & Blake, JJ. 
plaintiff, Richard Dudley, Jr., commenced this negligence
action, pursuant to the Massachusetts Tort Claims Act (Act),
G. L. c. 258, seeking damages from the defendant,
Massachusetts State Police (State police), for injuries he
suffered as a result of being attacked, in a public parking
lot, by a trained police dog. Moments before the attack
occurred, State Trooper Edward T. Blackwell, an experienced
police canine handler, had been in pursuit of a criminal
suspect who fled, on foot, taking a circuitous route through
that parking lot.
sued the State police, a public employer and agent of the
Commonwealth,  alleging that Trooper Blackwell's
conduct, in releasing the police dog to apprehend a suspect
in a public space, where the presence of others would be
expected, created a foreseeable and substantial risk of harm
to an innocent bystander.
State police answered the complaint, engaged in discovery,
and then filed a motion for summary judgment, based on the
ground of sovereign immunity under G. L. c. 258. Following a
hearing, a judge of the Superior Court allowed the State
police's motion, ruling that Dudley's negligence
claim was barred by the immunity provisions of the Act,
§§ 10 (b) and (j) Dudley appeals from the separate
and final judgment. See Mass.R.Civ.P.54(b), 365 Mass. 820
(1974). We reverse.
chase. In the early afternoon of May 6, 2011, William P.
Monopoli led several State police troopers on a high-speed
motor vehicle chase, which began in Boston and ended in West
speeding down the highway, Monopoli abruptly pulled his truck
off the road onto an exit ramp. At the top of the ramp,
Monopoli lost control of his truck, crossed the roadway's
double yellow lines, and crashed into a guardrail or curb. He
then exited his truck and quickly fled on foot, jumping over
a fence into a park and ride commuter lot. Trooper Blackwell,
who was following the suspect in a State police cruiser,
pulled behind Monopoli's truck.
Blackwell stepped outside of the cruiser, with his trained
patrol dog, Jager,  on a leash. Trooper Blackwell yelled to
Monopoli and ordered him to give himself up, adding that, if
he did not do so, the dog would be sent after him. Monopoli
did not stop. He scaled over the fence into the commuter
parking lot, out of the Trooper's immediate vision.
Trooper Blackwell, knowing the lot was more than half full,
commanded Jager to apprehend and he let go of the dog's