Case law

Calabrese-Kelley v. Town of Braintree

District Court, D. Massachusetts · Mar 8, 2019

“Under the doctrine of qualified immunity, police officers are protected ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To defeat qualified immunity, “‘the facts alleged or shown by the plaintiff” must ‘make out a violation of a constitutional right’ and the right must have been ‘clearly established’ at the time of the defendant’s alleged

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.

Rubin v. Islamic Republic of Iran

810 F. Supp. 2d 402 · District Court, D. Massachusetts · Sep 15, 2011

I have previously ruled that the antiquities at issue here are immune from execution and attachment under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1609 , 1610, but that the plaintiffs might nevertheless … Moreover, the 1930 Law clearly contemplates that antiquities may *405 be owned by private persons. (See Aff. of Katirai Ex. X Articles 3, 5, 7 (dkt. no. 156-4).).

Wright v. Ruze, MD

District Court, D. Massachusetts · Feb 10, 2022

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 rights … the right was ‘clearly established’ at the time of the defendant’s alleged violation.”

Donahue v. Federal Bureau of Investigation

204 F. Supp. 2d 169 · District Court, D. Massachusetts · May 22, 2002

See Lane, 518 U.S. at 192 , 116 S.Ct. 2092 (“A statute’s legislative history cannot supply a waiver that does not appear clearly in any statutory text....”). … First, sovereign immunity bars the claim.

Doe v. University of Massachusetts

District Court, D. Massachusetts · Apr 9, 2024

particular conduct is clearly established.” … Failure of the plaintiff to establish both prongs results in qualified immunity.

Willhauck v. Town of Mansfield

164 F. Supp. 2d 127 · District Court, D. Massachusetts · Sep 5, 2001

The First Circuit has yet to establish a firm rule. … Even if the placement decision were not protected by § 10(&), it is too remote from Bryan’s injury to qualify as “originally causing]” the harmful situation resulting in Bryan’s injuries.

Schultz v. Kelly

188 F. Supp. 2d 38 · District Court, D. Massachusetts · Feb 21, 2002

See Roldan-Plumey, 115 F.3d at 65 (noting that political discrimination defendants are entitled to qualified immunity where their allegedly unconstitutional actions took place prior to the development of clearly established … Defendants assert that they are qualifiedly immune from any due process claim made in Count I as Plaintiffs have proven neither that their "entitlement” to access to Town Counsel was "clearly established” nor that "reasonable

United States v. Cruz

234 F. Supp. 3d 328 · District Court, D. Massachusetts · Feb 14, 2017

The possibility of a sentence reduction if Defendant is no longer ACCA-eligible establishes prejudice. … In sum, though Defendant is correct that not all forms of ABDW qualify as a crime of violence for purposes of an armed career criminal designation, Shepard documents offered by the government establish that Defendant was

Mendez v. Brown

311 F. Supp. 2d 134 · District Court, D. Massachusetts · Mar 26, 2004

The court being so bound, it will not dismiss Count I on the basis of sovereign immunity. Accordingly, Plaintiffs have borne their burden of establishing subject matter jurisdiction. C. … Count II Count II alleges disability discrimination in violation of both Title II of the ADA and the Rehab Act. 3 To make out a Title II ADA claim, a plaintiff must establish, inter alia, “that [s]he is a qualified individual

Drago v. Frias

District Court, D. Massachusetts · Sep 5, 2023

Officers are Eligible for Qualified Immunity “Even when an official is personally liable under § 1983, he may be shielded from paying damages when the doctrine of qualified immunity applies.” … the right at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.”

John Doe v. Spears

District Court, D. Massachusetts · Jul 17, 2019

[Q]ualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Qualified immunity is applicable unless the official violated a constitutional right that was clearly established at the time of the alleged misconduct.

Justiniano v. Walker

District Court, D. Massachusetts · Dec 24, 2019

Third, Trooper Walker would still be entitled to qualified immunity in any event. … Qualified immunity shelters government officials from civil liability “‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Aubuchon v. Massachusetts ex rel. State Building Code Appeals Board

933 F. Supp. 90 · District Court, D. Massachusetts · Aug 9, 1996

immunity. … Inasmuch as this Court agrees that plaintiff fails to state a viable procedural and/or substantive due process claim, there is no need to reach the issue of qualified immunity. II. Legal Analysis .

Willoughby Ex Rel. Doe v. Town of Tisbury

750 F. Supp. 2d 374 · District Court, D. Massachusetts · Nov 10, 2010

The Individual Defendants also claim that they are entitled to qualified immunity on Plaintiffs' MCRA claim. Mem. Law Supp. Individual Defs.'s Mot. … Dismiss, 12[# 34], Because Plaintiffs failed to plead a constitutional violation under the MCRA, this court need not address the issue of qualified immunity. 82 . Am. Verified Compl. ¶¶ 105-06 [# 30]. 83 . Howell v.

Restucci v. Clarke

669 F. Supp. 2d 150 · District Court, D. Massachusetts · Nov 16, 2009

Qualified Immunity The Prison Officials also argue that Restucci’s claim for damages is barred by the Prison Officials’ qualified immunity. … At this time, the Court expresses no opinion as to the Prison Officials’ claim of qualified immunity. III. CONCLUSION Accordingly, the Prison Officials’ motion to dismiss is ALLOWED in part and DENIED in part.

Correia v. Town of Framingham

969 F. Supp. 2d 89 · District Court, D. Massachusetts · Sep 3, 2013

The judicially engrafted doctrine of qualified immunity shields police officers from § 1983 liability if the constitutional right at issue was not “clearly established” at the time of the alleged violation. See, e.g. … In light of the Court’s conclusion, it need not decide whether Officer Brown infringed a cognizable interest of the plaintiffs or is entitled to qualified immunity under § 1983. C.

Waterman v. City of Taunton

District Court, D. Massachusetts · Jul 30, 2024

clearly established’ at the time of the defendant’s alleged violation.” … Notwithstanding the forfeiture, it is clearly established that it is unconstitutional to arrest someone because of criticism directed at an officer such that qualified immunity would not apply. Cf.

Hussey v. City of Cambridge

District Court, D. Massachusetts · Oct 11, 2022

Hussey responds that Bard is not entitled to qualified immunity because he has asserted a valid First Amendment claim against Bard, and his rights were clearly established at the time of the alleged violation. … 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