Kelvin Nova Liriano v. Superior Court in Suffolk County

Summary

The Massachusetts Supreme Judicial Court affirmed the denial of Kelvin Liriano's petition for relief under G. L. c. 211, § 3. Liriano sought to challenge the denial of a motion to join a former clerk-magistrate as a defendant in a Superior Court action, but the proposed claims were deemed futile because of quasi-judicial immunity and the Massachusetts Tort Claims Act. The court held that he had no right to additional interlocutory review under G. L. c. 211, § 3, and could raise the issue after final judgment.

Holdings

1. General Laws c. 211, § 3, does not provide an additional interlocutory review as a matter of right of an adverse ruling by a single justice of the Appeals Court on a § 118 petition.
2. Liriano had an adequate alternative remedy because he could appeal the immunity and related issues, along with any others, after entry of a final judgment in the underlying action.
3. The single justice did not commit a clear error of law or otherwise abuse her discretion in denying Liriano's petition.

Questions Presented

1. Whether relief under G. L. c. 211, § 3, was available to obtain additional interlocutory review of the denial of Liriano's petition under G. L. c. 231, § 118.
2. Whether Liriano had an adequate alternative remedy by appealing the immunity and joinder issues after entry of a final judgment.
3. Whether the county court single justice committed a clear error of law or abused her discretion by denying the G. L. c. 211, § 3 petition.

Disposition

affirmed