Case law

O'Connor v. Nantucket Bank

992 F. Supp. 2d 24 · District Court, D. Massachusetts · Jan 16, 2014

a creditor can constitute a debt collection activity”) (citing Heintz, 514 U.S. at 294 , 115 S.Ct. 1489 ); see also Sayyed, 485 F.3d at 230 (“The statutory text makes clear that there is no blanket common law litigation immunity … Was the October 7, 2011 Letter a Qualified Written Request?

Berge v. School Committee of Gloucester

District Court, D. Massachusetts · Dec 5, 2022

Qualified immunity provides that “government officials performing discretionary functions” are generally “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … to the protection of qualified immunity.

Lynsky Ex Rel. Estate of Maguire v. City of Boston

761 F. Supp. 858 · District Court, D. Massachusetts · Apr 10, 1991

As a result, he argues, he has qualified immunity from suits for gross negligence. Memorandum of Defendant, Dae Yung Chun, M.D. … Chun also asserts the qualified immunity from suit granted to him by virtue of his status as a public employee in support of his motion for summary judgment with respect to the claims of gross negligence.

Alicea v. Silva

271 F. Supp. 3d 370 · District Court, D. Massachusetts · Sep 26, 2017

Under the AEDPA: a federal court may grant habeas relief if the state court adjudication “resultéd in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … established Supreme Court precedent.

Wagner v. City of Holyoke

241 F. Supp. 2d 78 · District Court, D. Massachusetts · Jan 24, 2003

This fact will be significant when the court addresses the individual defendants’ claims of qualified immunity below. … The First Circuit’s recent discussion of qualified immunity in Dirrane v.

Chaabouni v. City of Boston

133 F. Supp. 2d 93 · District Court, D. Massachusetts · Feb 27, 2001

The Act abrogates the doctrine of sovereign immunity, but only to the extent provided in the statute. … Although there is no specific allegation that uses these magic words, the factual allegations that the officers pulled Chaabouni out of his cab and indiscriminately beat him at least qualify as coercion.

Aaron v. City of Lowell

District Court, D. Massachusetts · Aug 5, 2024

Qualified immunity protects public officials, in their individual capacity, “if their actions ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Determining whether a right is “clearly established” is also a two-party inquiry. Id.

Daly v. Mason

District Court, D. Massachusetts · Sep 30, 2024

Qualified immunity “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Mullenix v. … Since Plaintiff has failed to satisfy the “clearly established” standard of the qualified immunity analysis, Defendants are therefore entitled to qualified immunity as to Count III.6

United States v. Bulger

928 F. Supp. 2d 305 · District Court, D. Massachusetts · May 1, 2013

established the proper foundation and gave appropriate notice under Fed. … The first three exceptions are clearly inapposite.

Cabot v. Lewis

241 F. Supp. 3d 239 · District Court, D. Massachusetts · Mar 15, 2017

Whether or not such a right exists, the Supreme Court has held that such a right is not “clearly established” for purposes of qualified immunity because reasonable officials could conclude that Hartman applies in the context … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or.constitutional right that was clearly established at the time of the challenged conduct.”

Marrero v. City of Brockton

District Court, D. Massachusetts · Jan 5, 2024

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Was the Right Clearly Established? Similarly, it is premature to determine whether the right was ‘clearly established’ at the time of the defendant’s alleged violation.

United States v. Medina

41 F. Supp. 2d 38 · District Court, D. Massachusetts · Jan 13, 1999

The reasons grants of immunity are not incompatible with § 201(c)(2) are essentially the same as for leniency: there is a long, well recognized and established history of immunizing witnesses for their testimony, and the … It is not even clearly in conflict with § 201(c)(2).

Global Naps, Inc. v. New England Telephone & Telegraph Co.

156 F. Supp. 2d 72 · District Court, D. Massachusetts · Jul 11, 2001

In interpreting § 252(e)(6), the Fifth, Seventh, and Tenth Circuits have found that Congress extended such a gratuity when it created the opportunity for states to participate in the regulatory scheme established by the 1996 … Because the leasing of dark fiber constituted the offering of a communication instrumentality, facility or apparatus, it qualified as “wire communication,” and was, therefore, a form of communication service falling within

Broderick v. Roache

751 F. Supp. 290 · District Court, D. Massachusetts · Nov 21, 1990

established. … Because the constitutional rights at issue in this case are clearly established, the qualified immunity defense is not available and the good faith of the defendant is irrelevant. Miller v.

Arruda v. Berman

522 F. Supp. 766 · District Court, D. Massachusetts · Sep 28, 1981

These respondents assert that the visual rectal searches to which the petitioner objects are clearly within constitutional bounds. … In any event, the immunity of these defendants to the plaintiff’s Cause of action has not yet been proven.

Athanasiou v. Town of Westhampton

30 F. Supp. 3d 84 · District Court, D. Massachusetts · Jul 14, 2014

Plaintiffs also argue that "qualified immunity does not bar their claims for injunctive relief and that municipal liability is available because the Selectboard had final policymaking authority. … United States, 107 Fed.Cl. 310, 325 (Fed.Cl.2010) (“In order to establish a taking, something more than the mere assertion of title is required.”).

Okosi v. Roby

District Court, D. Massachusetts · Apr 28, 2023

“To avoid a qualified- immunity defense, [the plaintiff] must show (1) that [the officer] infracted his federal rights and (2) that these rights were so clearly established that a reasonable officer should have known how … immunity doctrine—that these rights were so clearly established that a reasonable officer should have known how they applied to the situation at hand—“[t]here is little question that it is clearly established law that

Canales v. Gatzunis

979 F. Supp. 2d 164 · District Court, D. Massachusetts · Oct 28, 2013

of a cause of action, supported by mere conclusory statements, do not suffice.” 17 In order to satisfy the minimal requirements of notice pleading, a plaintiff cannot “lump” multiple defendants together and must “state clearly … immunity.

Hernandez v. Colon

District Court, D. Massachusetts · Jul 11, 2018

Kisela asserted qualified immunity. Id. at 1150. The question before the Court was "whether at the time of the shooting Kisela's actions violated clearly established law." Id. … clearly established the unconstitutionality of [his] conduct."

Baker v. Coxe

940 F. Supp. 409 · District Court, D. Massachusetts · Sep 20, 1996

without prejudice to the ability of the EOEA Defendants to assert their qualified immunity defense at a later point in the proceedings. … Cir.1993) (holding that question of intent or motivation with respect to retaliation for exercise of First Amendment rights precluded finding that defendants were entitled to qualified immunity, but left question open for