Liacos, J.
This is an appeal from judgments entered against a State trooper, Paul Driscoll, his supervisors, and the Commonwealth. The plaintiffs brought suit against Driscoll for violation of Dobos’s civil rights, 42 U.S.C. § 1983 (1979), as amended, and under the common law for assault and battery, false imprisonment, and the intentional or reckless infliction of emotional distress. The supervisory defendants were sued under 42 U.S.C. § 1983; the Commonwealth was sued for negligence. G. L. c. 258 (1986 ed.). The wife and daughter sued for loss of consortium. Special questions were submitted to the jury, and a judgment was entered for the plaintiffs pursuant to Mass. R. Civ. P. 58 (a), as amended, 371 Mass. 908 (1977).3 We summarize the facts as they could have been found by the jury.
1. Evidence against Driscoll. At midday on September 4, 1978, Robert Dobos was driving, with his wife and daughters, on Route 128 near Framingham, when the driver of another vehicle, Bruce Mancinelli, began to harass Dobos. Mancinelli’s vehicle eventually struck the passenger side of Dobos’s vehicle. Dobos responded by gradually forcing Mancinelli to drive to a [637]*637halt in the breakdown lane. Mancinelli provided his name, address, and the necessary registration and insurance information. He then stated that he wished to leave. Dobos’s wife insisted that he stay until they could obtain police assistance. Dobos and his wife (plaintiffs) then attempted to contact the police, first by means of their own two-way radio, then by means of a cab driver’s radio, and finally by motioning to a passing police cruiser. Approximately five to ten minutes after the accident, another cruiser, driven by Trooper Driscoll, arrived at the scene.
Trooper Driscoll obtained statements from Mancinelli and Dobos, but Dobos refused to sign Driscoll’s transcription of his statement because he believed it to be inaccurate. Driscoll refused to amend the statement. Instead, he obtained a statement from Donna Dobos, which she signed. Driscoll returned to his cruiser briefly and wrote out citations charging both Mancinelli and Dobos with violations of laws governing the highways. Mancinelli then departed.
Upon handing Dobos his citation, Driscoll stated in a loud voice, “You are not the law. I am the law. You don’t pull nobody off the road.” Repeating the statement, Driscoll moved closer to Dobos until his saliva was spraying in Dobos’s face. Driscoll also jabbed Dobos in the chest with his fingers. Dobos and his wife pleaded with Driscoll to stop, and Dobos put his hands up and said, “The children are watching. Please, Officer, your behavior will be difficult to explain. Don’t scream.” The plaintiffs’ pleas had no effect. Dobos, who speaks broken English, then said, “I’m so sorry/ Officer, I don’t hear you.” Driscoll said, “If you say that one more time, I’m going to lock you up.” When Dobos did repeat himself, Driscoll took him by the arm, marched him to the cruiser, frisked him, handcuffed his hands tightly behind his back, and roughly forced him into the cruiser. Dobos asked if he could have his glasses and if he could give his keys to his wife. Driscoll did not respond and drove away at a high speed.
Dobos was taken to the Framingham State police barracks. Driscoll removed the handcuffs with some difficulty, apparently because they were fastened too tightly to Dobos’s wrists. [638]*638Dobos was taken to a cell. Some time later, Dobos stated that he did not feel well and requested medical attention. According to Dobos’s testimony, the following exchange then took place.
Driscoll: “What’s wrong with you? Nothing wrong with you.”
Dobos: “I don’t know what’s wrong with me. I like to find out.”
Driscoll: “I don’t see anything wrong with you.”
Dobos then gave his name and address and refused to say anything further. Dobos was informed that, unless he provided information necessary to be admitted to bail, he would be held in the cell overnight.
Shortly after these events, Donna Dobos arrived at the Framingham barracks. She encountered Driscoll and asked him why he had yelled at them. He responded, “That’s the-way I talk.” When Donna Dobos asked why he had refused to state where he was taking Dobos and why he had left before she could follow, Driscoll responded, “It’s not my job to play follow-the-leader.” After some further exchanges between Driscoll and Donna Dobos, she was led to her husband’s cell by Driscoll and the barracks commander, who then left her with her husband. She observed that he had been crying, that his hand was red and swollen, that his hand was shaking, and that he was pale. Dobos told his wife that he had requested medical help three times, and he asked her to request medical help for him again. She did so, and Driscoll responded, “We don’t ask doctors to come here. If you insist on medical help we’re going to send your husband to a mental hospital in a straitjacket if necessary for a minimum of ten days.” Donna Dobos left the barracks in tears.
After Donna Dobos left the barracks, Driscoll came into Dobos’s cell. Driscoll brought with him a sheet of paper containing the bail information provided by Donna Dobos, and, according to Dobos, began yelling that “[n]obody[’s] yanking my chain. You s — . I show you, you don’t go out so far you don’t give me the information.” Driscoll proceeded to tear apart the sheet of paper and to throw it before Dobos. Dobos began to sweat, his mouth became dry, and he asked Driscoll [639]*639for some water, which Driscoll provided. Dobos stated, “You don’t see, I need medical help,” and fainted. He was taken to a hospital and then returned to the barracks, by which time his wife had retained an attorney who obtained Dobos’s release that night.
At trial Dobos presented testimony about his background and about the long-term effects of his encounter with Driscoll. Dobos was bom in Budapest, Hungary. He was subject to physical abuse as a child, from his military father and others. When he was twenty-one years old, he was taken from his parents’ home by the Hungarian secret police and placed in a Communist labor camp for three years. He was subject to physical and mental abuse in the labor camp.
Dobos came to the United States in 1967. From 1967 until 1978, Dobos established a successful business as a dental technician. He travelled extensively, both with his family on vacations and by himself, either for his own education or to give professional presentations. After his encounter with Driscoll, however, Dobos began to avoid interaction with anyone outside his family and began to avoid activities outside of his home. In 1980, Dobos sought the aid of a psychiatrist. Dobos received treatment occasionally until 1982, and, although he received medicine to alleviate his fear of going out of the house, Dobos felt that it made him irresponsible. In 1982, Dobos began to receive regular weekly treatments by a clinical psychologist, David Cellani.
Cellani testified that Dobos had received 106 one-hour sessions and that he expected these sessions to continue, although they had become progressively less regular by 1986.4 He further testified that Dobos “clearly described being agoraphobic, that is, having fear of traveling freely and having fear, excessive fear of leaving his house. He described the fact that whenever he went out, that he would have one or more of his family members come with him.” Cellani testified that Dobos had an “underlying psychological structure which could be called a [640]*640dependent personality disorder,” but that Dobos’s agoraphobia “did not appear until it was proven to him once again that even in this country, where he came to live, you could be beaten and humiliated” so that “those fears that were already in him were massively exacerbated by this incident [with Driscoll] and he became house-bound, more or less house-bound” for the eight years since the incident.
2. Evidence against the supervisory defendants. The defendant Robert Hunt testified that he was a troop commander with the State police from July, 1977, until after the Dobos incident. In this position, he was responsible for the administration and management of approximately 170 to 190 officers. Driscoll had been removed from highway patrol in November, 1976, but had returned to highway patrol under Hunt’s command in October, 1977. Hunt testified that he was not aware of the specific reasons for Driscoll’s discipline but admitted that it was “common knowledge” that Driscoll’s captain had recommended that he “be removed from field operations and have no direct contact with the public.”
Hunt also testified that, on receipt of civilian complaints, it was State police procedure to determine the seriousness of the allegations and to investigate the matter, whereupon the troop commander ordinarily would “make a judgment based on the information that was available to him.” In extraordinary circumstances, he testified, the matter would be referred to the internal affairs department, which would make its own investigation and recommendation to the deputy superintendent.
Between the time that Driscoll was reassigned to highway duty under Hunt in October, 1977, and the Dobos incident in September, 1978, Hunt reprimanded Driscoll several times with respect to Driscoll’s behavior toward motorists whom he had stopped on the highway. In all, he reprimanded Driscoll approximately five times for what Hunt characterized as “minor infractions.” He testified that, during his command, there were two substantiated complaints against Driscoll that concerned incidents with motorists. Hunt recommended, in a written report to Canty in March, 1978, that no disciplinary action be taken on the first complaint, by one Robert W. Mitchell, be[641]*641cause of the “unusual conditions.” That complaint, known to Hunt, involved Driscoll’s use of abusive language and threat of injury against Mitchell during the blizzard of 1978.
Mitchell testified with regard to this incident. He said that he had complained to two of Driscoll’s supervisors at the Framingham barracks. Mitchell also testified that, when he attempted light conversation with a fellow passenger in Driscoll’s cruiser, Driscoll pulled the cruiser over, opened the door beside Mitchell, and said, “ ‘Open your f------mouth now,’ and he had one of those case hardened flashlights] cocked behind his ear.” Driscoll then yelled, screamed, and “seemed to be totally out of control ... to the point that as he was yelling spittle was coming out.” When Mitchell said nothing, Driscoll cocked the flashlight back again and demanded, “[A]re you going to keep your G — d-----mouth shut?” Mitchell said, “Yes,” and they drove on in silence. These facts were included in the written report of this incident.
The second complaint was received in July, 1978, from one Monty Bender. The record does not indicate the nature of this complaint, but in response to it Hunt recommended, in December, 1978, that Driscoll be enrolled in an “attitude awareness program.” Hunt testified that it was “common knowledge” that Driscoll’s former captain had recommended in 1974 that Driscoll “be removed from field operations and have no direct contact with the public.” Despite this knowledge, Hunt did not investigate Driscoll’s disciplinary history. Hunt admitted that, when he later became aware of Driscoll’s record, he expressed the opinion that Driscoll had not been fit to be on the highway on the date of his encounter with Dobos.
Dobos presented evidence of several incidents that Hunt might have discovered had he investigated Driscoll’s disciplinary history. In 1974, because of prior incidents, Charles Gilligan, Driscoll’s commanding officer, had recommended in writing that Driscoll be assigned permanently to desk duty. Other testimony, given by a Norman Cans, was that he had complained orally about Driscoll in 1974 and had been assured by one of Driscoll’s superiors that Driscoll “would not be on the road.” Cans had complained of harassment and of being de[642]*642tained for twenty minutes by Driscoll for speeding, despite having explained that he would accept a ticket but needed to get to the hospital quickly because his wife had had emergency surgery.
Dobos presented testimony that Driscoll had been removed from highway duty from February, 1975, to May, 1976. At that time, Driscoll was subject to numerous probationary conditions, approved by the Commissioner of Public Safety, John F. Kehoe, Jr., including provisions for evaluation every thirty days, the continuation of any medical treatment he was receiving, and the requirement of medical evaluations before he could be returned to highway duty. This discipline had been imposed in response to a substantiated complaint by Driscoll’s girl friend that he had assaulted her and her children.
While Driscoll was removed from highway duty this first time, he had worked on a “paid detail” at Shaeffer Stadium. In September, 1974, while at work as a guard, Driscoll responded to a radioed request by another trooper for jumper cables by driving “in an emergency fashion” the wrong way on a one-way street, and, when a police captain observed him and inspected his vehicle, the captain found “unauthorized equipment,” including blue police lights in the windows of his automobile, bulletproof clipboards and vests, and at least seventeen rounds of ammunition. In his written report, the captain characterized Driscoll’s “total lack of judgment” as a “threat to the lives and safety of the traffic and pedestrians and our own men in the field.”
The defendant James Canty was a lieutenant colonel of the State police from June or August, 1977, until after the Dobos incident. He was in charge of assigning, disciplining, and supervising all of the uniformed State police officers on highway duty in the Commonwealth. Canty testified that, at the time that Driscoll returned to road duty under his command, he was not aware that Driscoll had been taken off the road previously. He testified that, prior to Dobos’s complaint, he was aware of Mitchell’s and Bender’s complaints in 1978 but was unaware of any other incidents involving Driscoll. He also testified that he and the defendant Hunt “agreed on disciplinary [643]*643action” concerning Mitchell’s complaint and that the punishment “was supposed to be a verbal reprimand.” Finally, he testified that, like Hunt, he did not investigate Driscoll’s disciplinary history.
The defendant Frank J. Trabucco was a colonel in the State police from June, 1977, until after the Dobos incident. He testified that it was his responsibility, in that position, to bring Driscoll’s request in 1977 for a transfer back to a road position to the Commissioner of Public Safety for approval, and to “do[ ] the administrative aspect of it.” He further testified that, to his knowledge, the reasons for Driscoll’s removal from highway duty from November, 1976, to October, 1977, were his tardiness and some inappropriate log entries. However, he also testified that he was aware that Driscoll had disciplinary problems, had been taken off the road twice before, had been reassigned so that he had no public contact, and had not been allowed to drive to work in a cruiser. Trabucco also knew that Driscoll’s captain had recommended, prior to November, 1976, that Driscoll should be put in a position where he would have less contact with the public. Trabucco presented Driscoll’s request to be reinstated to highway duty, without investigating whether Driscoll should have been put back on the road, to the Commissioner of Public Safety for approval. In justification of this conduct, Trabucco stated that Driscoll had been told, prior to Trabucco’s tenure, that he would be punished by six months off the road, and he had, in fact, been off the road more than six months. At another point, however, Trabucco had testified that “the understanding [was] that it would be for a minimum of six months.”
The defendant John F. Kehoe, Jr., was Commissioner of Public Safety from August, 1971, to August 1978, one month prior to the Dobos incident. He testified that he was aware of Driscoll’s disciplinary problem, that Driscoll was ordered to undergo psychiatric treatment, that Driscoll had been removed from road duty twice, and that Driscoll had been the subject of a court-martial in connection with an assault by him of his girl friend, which resulted in Driscoll’s removal from road duty, and that Kehoe was aware of the stadium incident. Kehoe testified that he had removed Driscoll from road duty in Febra[644]*644ary, 1975, in response to the substantiated complaint by Driscoll’s girl friend that Driscoll had abused her and her children. He did so subject to strict probationary conditions, in accordance with the recommendations of a court-martial board that was convened pursuant to his order. Kehoe was also responsible for removing Driscoll from highway duty the second time, and for returning him to highway duty on Trabucco’s recommendation. Kehoe reinstated Driscoll by means of an order that the defendant Trabucco described as “[n]ot usual” because “[tjhere was nobody else on the order.”
3. Denial of Driscoll’s motions for a separate trial and for a mistrial. Driscoll challenges the judge’s refusal to grant him a separate trial from that of his supervisors and the Commonwealth. Motions for a separate trial are governed by Mass. R. Civ. P. 42 (b), 365 Mass. 805 (1974), which provides in part:
“The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial . . . .”
See Roddy & McNulty Ins. Agency v. A.A. Proctor & Co., 16 Mass. App. Ct. 525, 528 (1983) (discussion of rule 42 [b]). Driscoll moved for a separate trial because of prejudice from the anticipated admission in evidence of documents and testimony concerning his prior misconduct, as it might be relevant to his supervisors’ alleged failure to supervise. Driscoll moved for a mistrial at several points on the same ground. Driscoll does not claim that this evidence was admitted improperly against his supervisors and the Commonwealth; nor does Driscoll claim that the judge failed to give proper cautionary instructions. However, he claims now, as he did before the trial judge, that his prior misconduct was inadmissible against him and that no possible cautionary instruction would remove the prejudice and the stigma of evidence of his prior misconduct.
Driscoll points to no case in this Commonwealth in which the decision of a judge not to bifurcate a civil proceeding has been the ground for reversal. Furthermore, Driscoll has cited no such [645]*645reversal by any other jurisdiction. The matter is one within the sound discretion of the trial judge. See Roddy & McNulty Ins. Agency v. A.A. Proctor & Co., supra at 529. We recognize that there may be civil cases in which the refusal to grant separate trials would so prejudice a party that reversal is mandated. This is not such a case. The evidence admissible against Driscoll was strong, if not overwhelming. He points to no fact which would lead us to conclude that the jury did not abide by the judge’s cautionary instructions. See Harris v. Chanclor, 537 F.2d 203, 207 (5th Cir. 1976) (rejecting defendant police officer’s claim of prejudice by being tried with police chief, where evidence of officer’s propensity for violence was admitted to establish chief’s negligence in hiring and retaining officer).
Driscoll also made various motions for a mistrial as the evidence was admitted; all were denied. In denying the pretrial motion for a separate trial, the judge stated, “I can’t see any theory under which [Driscoll’s prior records] would be admissible against [Driscoll]. . . . [But] [i]n terms of the supervisory defendants, I would see these prior actions of [Driscoll] as being admissible on the matter of their knowledge. . . .’’This said, during the trial, the judge gave appropriate and timely instructions whenever requested. There was no error. “The declaration of a mistrial is within the sound judicial discretion of the trial judge.” Riley v. Davison Constr. Co. 381 Mass. 432, 444 (1980).5
4. Immunity of the supervisors and of the Commonwealth. The supervisors and the Commonwealth raise several claims of immunity. The supervisors rely on Federal law to assert that they are entitled to qualified or “good faith” immunity under 42 U.S.C. § 1983 (1979), as amended. The Commonwealth’s claims of immunity are based on G. L. c. 258, §§ 10 (b) and (c). We treat these claims separately.
[646]*646a. Qualified immunity pursuant to § 1983. Under Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982), the doctrine of qualified immunity applies only to “discretionary functions.” For this portion of our discussion, we shall assume that the supervisory defendants’ acts were discretionary acts.6 Contrast Breault v. Chairman of the Bd. of Fire Comm’rs of Springfield, 401 Mass. 26, 33 (1987) (where acts are ministerial, no valid claim of qualified immunity can be raised), cert. denied sub nom. Forastiere v. Breault, 485 U.S. 906 (1988). Such an assumption does not end our inquiry. The doctrine of qualified immunity has both an objective and a subjective element. “The objective element involves a presumptive knowledge of the respect for ‘basic, unquestioned constitutional rights.’ ” Harlow, supra at 815, quoting Wood v. Strickland, 420 U.S. 308, 322 (1975). The subjective element involves the supervisors’ actual knowledge whether the law forbade their conduct. Harlow, supra at 815-817. If the law was not clearly established, the supervisors cannot be held responsible for failing to know that their conduct was unlawful. Id. at 818. However, if the law was clearly established and the supervisors failed to prove extraordinary circumstances justifying their lack of knowledge of the law, then the immunity defense fails. “[A] reasonably competent public official should know the law governing his conduct.” Id. at 819. Whether the law was clearly established is an objective question for the judge. Id. at 818.
The supervisory defendants raised the issue below, and, hence, we consider whether the judge correctly determined that the relevant law was clearly established prior to Dobos’s arrest in September, 1978. In considering what law is relevant, we bear in mind that:
“The operation of [the Harlow] standard . . . depends substantially upon the level of generality at which the relevant ‘legal rule’ is to be identified. For example, the right to due process of law is quite clearly established [647]*647by the Due Process Clause, and thus there is a sense in which any action that violates that Clause (no matter how unclear it may be that the particular action is a violation) violates a clearly established right. Much the same could be said of any other constitutional or statutory violation. But if the test of ‘clearly established law’ were to be applied at this level of generality, it would bear no relationship to the ‘objective legal reasonableness’ that is the touchstone of Harlow. . . . It should not be surprising, therefore, that our cases establish that the right the official is alleged to have violated must have been ‘clearly established’ in a more particularized, and hence more relevant, sense: The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. This is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful, . . . but it is to say that in the light of preexisting law the unlawfulness must be apparent’ (emphasis supplied). Anderson v. Creighton, 483 U.S. 635, 639-640 (1987).7
Thus, the law must have been clearly established prior to September, 1978, that conduct by public officers, comparable to the conduct of the police supervisors in this case resulting in the infliction of injuries by a subordinate, violated the constitutional rights of the injured individuals. We hold that, during the tenure of each of the supervisors, such law was clearly [648]*648established. We hold, also, that the evidence placed before the jury was sufficient to warrant the jury’s verdicts. (See part 6, infra.)
In 1971, well before the first occasion on which Driscoll was removed from highway patrol, the United States Court of Appeals for the District of Columbia Circuit decided a case concerning police supervisory liability. In that case, Carter v. Carlson, 447 F.2d 358 (D.C. Cir. 1971), rev’d on other grounds sub nom. District of Columbia v. Carter, 409 U.S. 418, modified, 489 F.2d 1272 (D.C. Cir. 1973), the complaint alleged that a police officer had arrested the plaintiff without probable cause and, as he was being held by two other officers, the first officer had proceeded to beat him with brass knuckles. Id. at 360. The complaint further alleged that the first officer’s precinct captain and the chief of police had “negligently failed to train, instruct, supervise, and control [the officer] with regard to the circumstances in which (1) an arrest may be made, and (2) various degrees of force may be used in making an arrest.” Id. The court in that case held that, under § 1983, the plaintiff “will be entitled to prevail if he can show that [the] Captain ... or Chief . . . was negligent in performing his own duty to supervise or train [the officer] . . . and that the negligence caused [the plaintiff] to be deprived by [the officer] of his constitutional rights.” Id. at 365. The Carter court also stated that supervisors might well be liable if the plaintiff could show that they “knew, or should have known, that [the officer] was likely to use excessive force in making an arrest.” Id. at 364 n.13.
The conduct of the supervisors herein meets this description exactly. Dobos presented ample evidence that the supervisors knew, of should have known, that Driscoll was very likely to violate constitutionally protected rights of members of the public. Driscoll’s extensive history of abuse and assault, and his disregard of the rights of others, was unabated until his encounter with Dobos. The supervisory defendants knew, or should have known, that Driscoll had assaulted his former girl friend and her children; he had endangered the public and his fellow officers by his reckless driving while at Shaeffer Stadium, [649]*649and by his possession of unauthorized ammunition and bulletproof vests and clijpboards, even though he was removed from road duty at the time; he had harassed Norman Gans; he had verbally abused Mitchell and had twice threatened to strike him, with no apparent provocation; and he had abused Bender sufficiently that Hunt, who had recommended no action on the Mitchell complaint, recommended that Driscoll be enrolled in an attitude awareness program. Additionally, it was known that Driscoll’s history had prompted several of his former supervisors to recommend his removal from contact with the public. The supervisors herein knew, or should have known, of this extensive disciplinary history because each of them had disciplined Driscoll at least once, and the defendants Hunt and Kehoe testified that disciplinary action required a complete investigation of the officer’s history. “[A] complaint alleging that a police supervisor has notice of past culpable conduct of his subordinates and has failed to prevent a recurrence of such misconduct states a § 1983 claim.” Sims v. Adams, 537 F.2d 829, 832 (5th Cir. 1976).
Other Federal Circuit Courts were in agreement that supervisors could be held liable in similar circumstances.8 See, e.g., Roberts v. Williams, 456 F.2d 819, 830-831 (5th Cir.), cert. denied sub nom. Roberts v. Smith, 404 U.S. 866 (1971) (allegedly negligent training of guard at prison farm); Dewell v. Lawson, 489 F.2d 877, 881 (10th Cir. 1974) (police chief’s alleged failure to establish procedures or to provide personnel to detect and treat persons suffering from a diabetic condition); Sims v. Adams, supra (police supervisors who have notice of [650]*650past culpable conduct of subordinates and have failed to prevent recurrence of such misconduct may be liable under § 1983). The above cases clearly established, prior to 1978, that Driscoll’s supervisors could be liable under § 1983 for their failure to remove him from highway duty prior to his encounter with Dobos.9
b. Immunity for the Commonwealth: State law. The Commonwealth contends that the judge erred in denying its motion for a directed verdict and for judgment notwithstanding the verdict as to the claims against it under G. L. c. 258. Under G. L. c. 258, the Massachusetts Tort Claims Act, the Commonwealth “shall be liable for . . . personal injury . . . caused by the negligent or wrongful act or omission of any public employee while acting within the scope of his office or employment, in the same manner and to the same extent as a private individual under like circumstances,” subject to certain limitations. G. L. c. 258, § 2 (1986 ed.). The Commonwealth claims that this case falls within an exemption from such liability for “any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a public employer or public employee, acting within the scope of his office or employment, whether or not the discretion involved is abused.” G. L. c. 258, § 10 (b) (1986 ed.). We consider this argument in the context of the well-established principle whether, construing the evidence and all reasonable inferences flowing therefrom in a light most favorable to the plaintiff, a jury would be warranted in finding that the Commonwealth’s agents were negligent in their performance of nondiscretionary duties, von Henneberg v. Generazio, 403 Mass. 519, 520 (1988). Cimino v. Milford Keg, Inc., 385 Mass. 323, 326 (1982).
The Commonwealth urges that, as matter of law, the decisions whether to discipline an officer and how much discipline to impose are discretionary, and in fact quasi-judicial. We [651]*651disagree. We have indicated previously that it is necessary to engage in a case-by-case determination of what is a discretionary function under § 10 (b) and what is not. Pina v. Commonwealth, 400 Mass. 408, 413 (1987). We hold, on the evidence before them, that the jury were warranted in finding that the supervisors’ acts, or failures to act, were not pursuant to any “discretionary function” within the meaning of G. L. c. 258, § 10 (b).
We have stated that the following inquiries are relevant as to whether the act of a public employee involved discretionary conduct: “Was the injury-producing conduct an integral part of governmental policymaking or planning? Might the imposition of tort liability jeopardize the quality and efficiency of the governmental process? Could a judge or jury review the conduct in question without usurping the power and responsibility of the legislative or executive branches? Is there an alternate remedy available to the injured individual other than an action for damages?” Whitney v. Worcester, 373 Mass. 208, 219 (1977). See Pina v. Commonwealth, supra at 412-413, and cases cited. We consider first whether the injury-producing conduct was an integral part of governmental policymaking or planning.
The supervisors’ alleged injury-producing conduct may be characterized as follows: The reinstatement of Driscoll to highway patrol despite the supervisors’ knowledge (actual or constructive) of ample reasons for not doing so, the failure to follow established procedures resulting in failing to impose probationary conditions on Driscoll’s return to highway patrol that would have assured his removal prior to his encounter with the plaintiffs, the failure to monitor Driscoll’s activities, and the failure to remove Driscoll, or to investigate his record, as various substantiated allegations of his misconduct arose.
In Whitney v. Worcester, supra, we held that, although the adoption of a plan to integrate handicapped pupils fully into the public schools was discretionary, id. at 224, the implementation of that policy was not, id. at 222-223. “Discretionary acts are not those which involve ‘the carrying out of previously established policies or plans.’ Whitney v. Worcester, supra at [652]*652218. Irwin v. Ware, [392 Mass. 745, 753 (1984)].” Patrazza v. Commonwealth, 398 Mass. 464, 467-468 (1986). The evidence put before the jury was sufficient to warrant a finding that the supervisory defendants failed to implement existing policy requirements.10 It was State police policy, the defendant Kehoe admitted, to conduct a thorough investigation in response to citizen complaints and in conjunction with imposing discipline. Yet, all the supervisors admitted that they conducted no investigation of Driscoll’s disciplinary history, either when disciplining him or after receiving citizen complaints against him. Furthermore, the jury had before them several of Driscoll’s prior disciplinary proceedings from which established policies could be inferred. It is not necessary that a policy be written to be in effect. Cady v. Plymouth-Carver Regional School Dist., 17 Mass. App. Ct. 211, 215 (1983). Finally, there was testimony that Driscoll’s reinstatement without probationary conditions was unusual. Thus, the jury could have found that the supervisors’ conduct in reinstating Driscoll was an improper implementation of existing policy.11
[653]*653Additionally, we cannot say that the imposition of tort liability in this case will jeopardize the quality and efficiency of the governmental process. There was testimony by some of the supervisors suggesting that Driscoll’s position as a negotiator for his union may have led them to treat Driscoll differently from other officers. As we stated in Pina v. Commonwealth, supra at 413, the ‘“quality and efficiency of the governmental process’ requires, at a minimum, impartiality on the part of State employees.” The imposition of tort liability in this case will, if anything, encourage such impartiality.
The power and responsibility of the legislative and executive branches are not usurped in this case. There is no administrative scheme that is being bypassed, cf. Pina v. Commonwealth, supra at 413-414; nor is there any interference with the operation of police disciplinary policy or procedures. Rather, it is the failure to follow established procedures that was tested by the jury.
Finally, the plaintiffs have no alternate remedy other than an action for damages. They have no alternate judicial process, as in Pina v. Commonwealth, supra at 414; they cannot be aided by equitable relief; and, absent damages, they cannot be compensated for the harm done. Therefore, the Commonwealth does not have immunity under G. L. c. 258, § 10 (b), based on a claim of the exercise of discretionary functions by the supervisors.
The Commonwealth claims, alternatively, that it falls within the exemption from liability for “any claim arising out of an intentional tort, including assault, battery, false imprisonment, false arrest, [or] intentional mental distress.” G. L. c. 258, § 10 (c). The Commonwealth asserts that the plaintiffs raise claims “arising out of” intentional torts because of Driscoll’s intentional torts. We already have considered and rejected such an interpretation of G. L. c. 258, § 10 (c). Doe v. Blandford, 402 Mass. 831, 836-838 (1988). As we held in Blandford, where the supervisory officials allegedly had, or should have had, knowledge of a public employee’s assaultive behavior, it is the supervisors’ conduct, rather than the employee’s intentional conduct, that is the true focus of the case. The claims were not barred by G. L. c. 258, § 10 (c).
[654]*6545. Jury instructions. Counsel for the supervisors submitted requests for jury instructions and made timely objection to the judge’s charge. As to the charge, the supervisors renew their claims of error on essentially two grounds. First, they claim that an instruction should have been given that, under § 1983, the supervisors could not be held liable on the basis of respondeat superior. Second, they claim that the jury were not adequately, apprised that “mere negligence” would not suffice to find the supervisors to be liable under § 1983. See Davidson v. Cannon, 474 U.S. 344, 347 (1986); Daniels v. Williams, 474 U.S. 327, 332-336 (1986). These arguments are not supported by the record.
The judge instructed the jury as follows:
“If you find on this evidence that any or all of the defendants failed to supervise or discipline Driscoll, and said failure to supervise or discipline him constituted gross negligence amounting to conscious indifference to the safety of the public, and that this resulted in the violation of Robert Dobos’s constitutional rights, then you should find that they are liable to Mr. Dobos” (emphasis supplied).
This charge tracks the language used by the Fifth Circuit in Languirand v. Hayden, 717 F.2d 220, 227 (5th Cir. 1983), cert. denied sub nom. Languirand v. Pass Christian, 467 U.S. 1215 (1985), wherein that court stated:
“We conclude that if there is a cause of action under section 1983 for failure to properly train a police officer whose negligent or grossly negligent performance of duty has injured a citizen, that such failure to train must constitute gross negligence amounting to conscious indifference . . . .”
This language was implicitly approved by the Supreme Court in its recent decision in Canton v. Harris, U.S. (1989) (109 S. Ct. 1197 [1989]), which concerned municipal liability for failure to train police officers. In a unanimous portion of [655]*655the opinion, the Court cited Languirand as an example of a case applying the proper standard of liability under § 1983. Id. at n.7 (Id. at 1205 n.7).12 See Germany v. Vance, 868 F.2d 9, 17-18 (1st Cir. 1989), where the court stated: “Cases in this circuit suggest that government officials may be held liable for a deprivation of life, liberty, or property without due process if their conduct reflects a reckless or callous indifference to an individual’s rights.” Thus, the judge’s charge fully complies with the latest Supreme Court precedent. We must assume that the jury followed these instructions. Simon v. Solomon, 385 Mass. 91, 110 (1982). The judge was not required to accept the phrasing of the instructions suggested by counsel. Julian v. Randazzo, 380 Mass. 391, 394-397 (1980). There was no error.
The supervisors also contend that the special questions suggested to the jury that “mere negligence” would suffice. It is true that the special questions did not refer explicitly to gross negligence amounting to conscious indifference. However, the judge is not required to repeat in the special questions those instructions given at an earlier point in the charge. See Solimene v. B. Grauel & Co., KG, 399 Mass. 790, 802 (1987) (special questions did not specifically refer to issue of proximate cause, but judge’s thorough instructions on this issue enabled jury to understand their duty in answering each question).
The jury’s question to the judge about the meaning of the words “causally negligent” in one of the special questions does not convince us otherwise. There are many reasons why the jury may have asked their question, not the least of which is that one special question addressed the contributory negligence, [656]*656if any, of Dobos. We will not speculate that the jury were in fact confused about the distinction between ordinary negligence and gross negligence amounting to conscious indifference when that distinction had been explained previously.
Finally, the supervisors contend that, because the judge’s response to the jury’s question failed to mention gross negligence amounting to conscious indifference, it compounded any confusion that the jury may have had about the standard of culpability. This contention is speculative, and, in any event, there was no objection at trial, even though the judge asked counsel if they wished to discuss anything at side bar. There was no error.
6. Motions for directed verdict and for judgments notwithstanding the verdict. The defendant supervisors claim that the judge should have granted their motions for a directed verdict or for a judgment notwithstanding the verdict because the evidence was insufficient to support a finding either that they were consciously or deliberately indifferent to the safety of the public or that they proximately caused the plaintiffs’ injuries. We apply the same standard in reviewing the judge’s denial of these motions. Service Publications, Inc. v. Goverman, 396 Mass. 567, 571 (1986). That standard is whether “anywhere in the evidence, from whatever source derived, any combination of circumstances could be found from which a reasonable inference could be drawn in favor of the plaintiff.” Poirier v. Plymouth, 374 Mass. 206, 212 (1978), quoting Raunela v. Hertz Corp., 361 Mass. 341, 343 (1972). We conclude that the jury properly could have found that each of the supervisory defendants (a) was consciously or deliberately indifferent to the safety of the public and (b) proximately caused the plaintiffs’ injuries.
In the case before us, there was evidence that each supervisor — Hunt, Trabucco, Kehoe, and Canty — knew, or should have known, that Driscoll’s disciplinary history would determine his fitness to come in contact with members of the public. Furthermore, there was evidence that the State police had a policy of investigating an officer’s history before imposing discipline, in part to protect the public from officers whose his[657]*657tory might reveal serious misconduct demonstrating a propensity to violate the constitutional rights of members of the public. Thus, the need to investigate Driscoll’s history, and to determine whether to reinstate Driscoll to road duty or what training or conditions should be imposed on him, based on that history, can be said to be so obvious that failure to do so could be found by the jury to constitute deliberate indifference to the constitutional rights of members of the public with whom Driscoll would come in contact.
The defendant Hunt testified that he did not investigate the reasons for Driscoll’s removal from highway duty, even though he disciplined Driscoll on at least five occasions, and even though he knew that Driscoll’s former troop supervisor had recommended that Driscoll be removed from contact with the public. The defendant Trabucco also testified that he did not investigate the reasons for Driscoll’s removal from highway duty, even though he recommended that Driscoll be returned to highway duty, and even though he knew that several of Driscoll’s former supervisors had recommended that Driscoll be removed from public contact. The jury could find that the defendants Hunt and Trabucco chose to ignore Driscoll’s history, even though they knew that his history was almost certain to reveal grave misconduct that threatened the public. Thus, the jury could conclude, Hunt and Trabucco each were deliberately indifferent to the constitutional rights of the public.
The jury could find that the defendant Kehoe chose to ignore Driscoll’s history and, consequently, Driscoll’s substantial likelihood of violating constitutional rights of the public. Kehoe’s testimony revealed that he was involved personally in Driscoll’s discipline, that he had removed Driscoll from public contact on two occasions, and that he had been informed that, even while Driscoll was removed from the highway under strict probationary conditions, Driscoll had endangered the public and his fellow officers at Shaeffer Stadium. Thus, Kehoe knew that Driscoll was violent and abusive and that Driscoll had responded to discipline with more misconduct. Yet Kehoe never investigated Driscoll’s history, he returned Driscoll to highway duty a second time without requiring that Driscoll be [658]*658monitored, and he failed to impose any probationary conditions. On this evidence, the jury properly could find that Kehoe was deliberately indifferent to the constitutional rights of the public.
Finally, the jury could find that the defendant Canty deliberately chose to ignore Driscoll’s history, even though he decided with Hunt what would be Driscoll’s discipline for the Mitchell incident, and, even though his primary responsibility, the jury could infer, was to conduct investigations in cases of this sort. Canty described his responsibilities as follows: “I handled major incidents, discipline, make recommendations to the colonel.” Canty testified that he and Hunt agreed that Driscoll’s discipline for the Mitchell incident would be a “verbal reprimand.” Nevertheless, when Canty was asked, “Did you ever learn of a complaint lodged against Trooper Driscoll on March 14, 1978 by Robert W. Mitchell,” he responded, “I didn’t know his name was Mitchell until today.” The jury properly could conclude that this conduct, by a supervisor whose primary responsibility was to recommend disciplinary action after an investigation, was deliberately indifferent to the constitutional rights of the public.
It is clear that the jury could have concluded that each of the supervisory defendants knew, or should have known, of Driscoll’s propensities to abuse and assault members of the motoring public and that, deliberately indifferent to the public safety, they allowed Driscoll to return to highway duty without proper investigation or safeguards. The probability of an incident such as that here in issue, in the jury’s view, could have been foreseen easily. In such circumstances, the failure of these supervisory defendants to take steps to prevent such an occurrence would warrant the jury’s findings of liability under § 1983 as to each supervisory defendant. Also, their negligence warrants the finding against the Commonwealth.13 We therefore [659]*659affirm the judgments and remand the case so that the judge below, in his or her discretion, may award attorney’s fees and costs for this appeal.
So ordered.
The plaintiffs requested such fees and costs in their brief and in their petition for rehearing. The defendants have not challenged the trial judge’s award, made concurrent with the date judgments were entered, of costs and of attorney’s fees in the amount of $35,000 as of that date.