Case law

Browder v. City of Boston

District Court, D. Massachusetts · Oct 1, 2025

governing law was clearly established. … Qualified immunity is GRANTED, however, with respect to any claim premised on a categorical entitlement to refuse routine workplace testing or to nullify a neutral vaccine-or-test mandate, because the law has not clearly

Fountain v. City of Methuen

District Court, D. Massachusetts · Sep 22, 2022

Qualified Immunity The City Council Defendants argue that they are protected by qualified immunity even if absolute legislative immunity does not apply.2 [Dkt. 26 at 8]. … qualified immunity applies.

Cordell v. Howard

879 F. Supp. 2d 145 · District Court, D. Massachusetts · Jul 20, 2012

In a footnote to their memorandum, the defendants argue that they are entitled to qualified immunity because Cordell has failed to allege a violation of his constitutional rights. (Def. Mem. at 13 n. 9). … Therefore, even assuming that this reference in a footnote is sufficient to raise a qualified immunity defense, the defendants have not shown that they are entitled to qualified immunity. .

Gaskell v. Harvard Cooperative Society

762 F. Supp. 1539 · District Court, D. Massachusetts · May 17, 1991

This Court must now establish the appropriate continuation coverage period. … qualifying event.

Cobb v. City of Malden

105 F. Supp. 109 · District Court, D. Massachusetts · Apr 28, 1952

the power to elect and contract with teachers; each city and town is required to provide an amount of money sufficient for the support of the schools, and teachers employed at the discretion of the School Committee are immune … That practice was somewhat qualified with the passage of legislation entitled “An Act Providing for the Initiative and Referendum for the City of Malden.” Chap. 29 of Acts of 1950.

United States v. McGee

798 F. Supp. 53 · District Court, D. Massachusetts · Jun 26, 1992

The two other circuits that have considered this issue have declined to go as far as Hinton in establishing a rule of per se dismissal when an indictment is obtained from a grand jury which heard immunized testimony. … This Court is persuaded that the Hinton per se rule is ■ applicable to the circumstances here presented and rules that a defendant who is compelled to give testimony is entitled to that which the immunity statute so clearly

Wheeler v. Pioneer Developmental Services, Inc.

349 F. Supp. 2d 158 · District Court, D. Massachusetts · Dec 8, 2004

Having established this threshold requirement, the employee may continue to qualify for benefits due to incapacity if she either remains unable to work because of her illness, or receives subsequent treatment. … Viewed in the light most favorable to Pioneer, the facts clearly establish that on that day, Wheeler handed Taylor, her supervisor, a note from Dr. Siersma, which requested that Wheeler receive “LOA x 4.”

Vanderburgh House LLC v. City of Worcester

District Court, D. Massachusetts · Mar 30, 2021

“[T]he qualified immunity inquiry is a two-part test. … “[T]he second, ‘clearly established’ step of the qualified immunity . . .

Greene v. Suffolk County Sheriff Department

District Court, D. Massachusetts · Jun 15, 2018

established and qualified immunity therefore protected them from suit. … “An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was ‘clearly established’

Nasir v. Town of Foxborough

District Court, D. Massachusetts · Mar 3, 2020

“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 … Qualified immunity protects those that do “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Conlogue v.

Cignetti v. Healy

967 F. Supp. 10 · District Court, D. Massachusetts · May 22, 1997

Immunity The common law provides absolute immunity to a witness against any claim arising from his testimony. Absolute immunity applies also to the acts of a prosecutor committed in his prosecutorial capacity. … However, “the right of a public employee to engage in speech on matters of public concern without fear of retaliation by his employer is clearly established.” Broderick, 751 F.Supp. at 292 .

Terenzio v. Urena

District Court, D. Massachusetts · Feb 12, 2024

The doctrine of qualified immunity protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The Supreme Court has repeatedly cautioned courts “not to define clearly established law at a high level of generality,” Mullenix v.

Irwin v. Calhoun

522 F. Supp. 576 · District Court, D. Massachusetts · Sep 16, 1981

The Act, therefore, is “clearly . . . part of, rather than an exception to, the trend of legislation which preceded it.” [Citations omitted.] Id. at 548, 92 S.Ct. at 1120 . … It explained that “[w]here the immunity claimed by the defendant was well established at common law at the time § 1983 was enacted, and where its rationale was compatible with the purposes of the Civil Rights Act, we have

Nollet v. Justices of the Trial Court of Massachusetts

83 F. Supp. 2d 204 · District Court, D. Massachusetts · Jan 27, 2000

. § 1983 , a plaintiff must show: (1) that the conduct complained of was committed by a person acting under color of state law; and (2) that the conduct deprived the plaintiff of clearly established rights, privileges or … established rights, privileges or immunities guaranteed by the federal Constitution or laws of the United States.

Daniele v. City of Springfield

973 F. Supp. 222 · District Court, D. Massachusetts · Aug 1, 1997

Second, even where a violation occurs, individual government officials may sometimes enjoy qualified immunity under 1983. … Officials will not be held liable for discretionary actions unless their conduct violates clearly established statutory or constitutional rights of which a reasonable official would have been aware. Harlow v.

Horizon Bank and Trust Co. v. Flaherty

309 F. Supp. 2d 178 · District Court, D. Massachusetts · Feb 5, 2004

This is clearly a case where incomplete relief is better-than no relief at all. … ), and the amount of the lien are established.

Deluca v. Merner

District Court, D. Massachusetts · Jun 14, 2018

In other words, qualified immunity does not apply if the facts alleged by the plaintiff make out a violation of a constitutional right and that constitutional right was clearly established at the time of the incident. … was not clearly established at the time.

Lavery v. Marsh

727 F. Supp. 728 · District Court, D. Massachusetts · Dec 28, 1989

Plaintiff, who was 59-years-old at the time, applied for the position, but in November 1984, MTL instead selected a 38-year-old who, plaintiff asserts, was less qualified. … Indeed, in cases where Congress has waived sovereign immunity, as it has done in § 633a, the courts must narrowly construe that waiver: [T]he United States, a sovereign, is immune from suits save as it consents to be sued

Heinrich v. Sweet

44 F. Supp. 2d 408 · District Court, D. Massachusetts · Apr 20, 1999

Just as courts may establish the contours *415 of subject matter jurisdiction by discerning whether Congress has clearly and unequivocally waived sovereign immunity in a given statute, so too may courts determine whether … Congress has clearly limited that waiver to claims filed within a certain period.

Sheffield v. City of Boston

District Court, D. Massachusetts · Feb 22, 2019

Qualified Immunity Resil asserts that he is entitled to qualified immunity, which plaintiff opposes. … Qualified Immunity Pieroway contends that he is entitled to qualified immunity.