Case law

Lopes v. Riendeau

177 F. Supp. 3d 634 · District Court, D. Massachusetts · Mar 30, 2016

Rather, they plead only qualified immunity, according to plaintiff. … Nickl and Riendeau, however, did file answers and each raised the defense of qualified immunity. (Docket Entry ## 23, 24).

Kelley v. DiPaola

379 F. Supp. 2d 96 · District Court, D. Massachusetts · Jul 13, 2005

. § 1997e(c), stating that several of the defendants appeared to be immune from suit under the Eleventh Amendment (sovereign immunity) and inviting a response from the plaintiff (“the Show Cause Memorandum”). … King is unresponsive to defendants' motion for summary judgment because it discusses qualified, rather than sovereign, immunity.

Clapp v. Tobin

District Court, D. Massachusetts · Nov 8, 2019

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 … In the alternative, because Clapp has failed to allege that Flanagan violated a clearly established constitutional right, Flanagan is entitled to qualified immunity and Clapp has failed to state a cognizable claim.

Kestenberg v. Dwyer

District Court, D. Massachusetts · Sep 22, 2021

“The doctrine of 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 … The defendants would enjoy qualified immunity in any event because no officer in their position would have clearly understood their actions to be improper.

Bannon v. Godin

District Court, D. Massachusetts · Dec 5, 2022

Qualified immunity attaches to discretionary conduct of government officials that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity. Saucier v.

Braintree Baptist Temple v. Holbrook Public Schools

616 F. Supp. 81 · District Court, D. Massachusetts · Sep 18, 1984

The assertion of a defense of immunity is clearly not grounds for dismissal of a § 1983 complaint. … Even if plaintiffs establish their standing to sue the state defendants, the Eleventh Amendment clearly bars suit against the Board of Education and Department of Education, Alabama v.

Browder v. City of Boston

District Court, D. Massachusetts · Aug 15, 2025

Specifically, she argues that she is entitled to qualified immunity because the conduct that Plaintiff challenges is discretionary and because Plaintiff has not alleged that his clearly established right was violated. … The doctrine of qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Consolo v. George

835 F. Supp. 49 · District Court, D. Massachusetts · Oct 19, 1993

Thus, in order to establish liability, a plaintiff must establish the existence of a policy or custom of the city as well as the causal link between that policy or custom and the constitutional deprivation alleged. … of facts sufficient to establish the existence of a policy or custom of the City.

Picard

District Court, D. Massachusetts · Feb 5, 2026

immunity because “the law is not clearly established” due to the decision in Commonwealth v. … Picard’s right to use a megaphone is not clearly established. Docket No. 32 at 2-3.

Doe v. Fournier

851 F. Supp. 2d 207 · District Court, D. Massachusetts · Feb 22, 2012

Defendants also argue that the § 1983 claim must be dismissed pursuant to the doctrine of qualified immunity, which provides public officials immunity from suit under some circumstances. … Since the qualified immunity analysis is substantially identical to the analysis of “deliberate indifference,” Defendants' qualified immunity contention lacks merit for the reasons discussed above. .

Moran Towing Corp. v. Girasol Maritima SA, Inc.

146 F. Supp. 2d 87 · District Court, D. Massachusetts · May 8, 2001

The regulations clearly allow the marine-traffic controller to decide, based on conditions, whether to permit two-way traffic in the Canal. 27 Like the regulations in Vang, they do not prescribe the process marine-traffic … The U.S. contends that it is immune from the claim because how and when marine-traffic controllers enforce the speed restrictions are discretionary decisions.

John Doe v. Spears

District Court, D. Massachusetts · Sep 22, 2022

The doctrine of qualified immunity provides government officials immunity from suit when an official’s conduct does not violate clearly established statutory … Thus, Kelly’s alleged conduct did not violate any clearly established constitutional right and she is entitled to qualified immunity.

Best v. Rome

858 F. Supp. 271 · District Court, D. Massachusetts · Jun 21, 1994

that the plaintiffs written authorization, which permitted the Angoff firm to represent him in the 1988 wage dispute, did not create an attorney-client relationship for the arbitration claim. 9 Here, the 1988 authorization clearly … Rather, it is offered and is admissible to establish Rome’s state of mind prior to the grievance hearing.

Nwaubani v. Grossman

199 F. Supp. 3d 367 · District Court, D. Massachusetts · Jul 26, 2016

The individual defendants acting in their personal capacity can be liable, but *377 are protected, in a limited way, by qualified immunity. See, e.g., Newman v. … Commonwealth of Massachusetts, 884 F.2d 19, 23 (1st Cir.1989) (applying qualified immunity to state university officials).

Arrington v. Massachusetts Bay Transportation Authority

306 F. Supp. 1355 · District Court, D. Massachusetts · Dec 22, 1969

. § 1983) insofar as it denies them privileges and immunities guaranteed by the Thirteenth and Fourteenth Amendments to the United States Constitution. … Prior to the present rank list, the MBTA had established two previous lists, one in 1965 and another in 1967.

Wholey v. Tyrell

567 F. Supp. 2d 279 · District Court, D. Massachusetts · Jul 28, 2008

Defendants have also suggested that they are entitled to qualified immunity. … But since this court finds neither a constitutional nor a statutory violation, it need go no further in analyzing the issue of qualified immunity. 47 . Compl. ¶ XXII. 48 . Bl(a)ck Tea Soc’y v.

McGuinness v. DuBois

891 F. Supp. 25 · District Court, D. Massachusetts · Jun 19, 1995

The defendants may not be held personally liable, however, as they are entitled to qualified immunity. See the discussion of Count III, infra. 2. … A reasonable, although mistaken, conclusion about the lawfulness of one’s conduct does not subject a government official to personal lia-bility_ [T]he qualified immunity standard gives ample room for mistaken judgments by

Estridge v. Town of Ware

District Court, D. Massachusetts · Mar 25, 2021

Qualified Immunity Framework "Qualified immunity is 'an immunity from suit rather than a mere defense to liability.'" Castagna v. … conduct was "clearly established at the time."'"

Lachance v. Town of Charlton

District Court, D. Massachusetts · Mar 21, 2019

Defendants argue that they are entitled to qualified immunity. The First Circuit has adopted a two-part test to assess qualified immunity. … The second aspect of the clearly established prong requires the Court to assess “whether an objectively reasonable official would have believed that the action taken violated that clearly established constitutional right

Bradley v. Cicero

District Court, D. Massachusetts · Jan 28, 2021

To overcome qualified immunity requires that (1) “a public official has violated a plaintiff’s constitutionally protected right” and (2) “the particular right that the official has violated was clearly established at the … At the very least a question of qualified immunity would be raised whether the office – the officers would not have been aware and the question of whether it’s clearly established law at the time of this stop