Case law

McDonald v. Com. of Mass.

901 F. Supp. 471 · District Court, D. Massachusetts · Sep 25, 1995

In the last analysis, then, the court of appeals “may affirm a dismissal for failure to state a claim only if it clearly appears, according to the facts alleged, that the plaintiff cannot recover on any viable theory.” … Parsing the statutory provision in § 12132 to its basics, [t]o establish a violation of Title II, plaintiff must show: (1) that he is a qualified individual with a disability; (2) that he was either excluded from participation

Bean v. General Electric Co.

593 F. Supp. 2d 306 · District Court, D. Massachusetts · Jan 6, 2009

. § 6331 (a) and 3) a levy is valid only where tax liability has been established. B. Procedural History Bean filed his complaint in the Massachusetts Superior Court Department for *308 Essex County on October 16, 2008. … This Court concludes that the requirements for diversity jurisdiction clearly have been met here. Bean is a citizen of Massachusetts and GE is a citizen of both New York and Connecticut.

Heinrich Ex Rel. Heinrich v. Sweet

118 F. Supp. 2d 73 · District Court, D. Massachusetts · Sep 29, 2000

What emerges, although not always clearly elucidated by the courts, is a burden-shifting paradigm. … It has been the unenviable task of the courts to establish either liability or immunity based on the unique facts and circumstances of a particular case.

Bemis v. Kelley

671 F. Supp. 837 · District Court, D. Massachusetts · Sep 29, 1987

They claim they are entitled to qualified immunity. The plaintiff has filed an opposition, claiming these defendants are acting deliberately to deprive him of his rights. … In addition, the four law enforcement defendants have claimed protection by qualified immunity.

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.

Kennedy v. Osmanski, III

District Court, D. Massachusetts · Aug 22, 2025

To establish whether government officials are entitled to qualified immunity, the Court must engage in a “two- pronged inquiry.” Tolan v. Cotton, 572 U.S. 650, 655-56 (2014). … Determining whether a right is “clearly established” also requires a two-part inquiry. See Justiniano v. Walker, 986 F.3d 11, 26 (1st Cir. 2021).

Holland v. Breen

623 F. Supp. 284 · District Court, D. Massachusetts · Oct 30, 1985

The defendants argue that Officer Bohnenberger is immune from liability under § 1983 in the absence of allegations that he did not act in good faith. The defendants’ reliance on Pierson v. … The burden of pleading a qualified immunity defense rests with the defendant, and the plaintiff is under no obligation to allege in his complaint that the defendant acted in bad faith. Gomez v.

Broner v. Flynn

311 F. Supp. 2d 227 · District Court, D. Massachusetts · Mar 31, 2004

In the Answer to the original and Second Amended Complaints, Sheriff Flynn indicated that he is an employee of the Commonwealth and thus, entitled to “qualified immunity” with respect to claims against him in his official … The inadvertent reference to “qualified” as opposed to “sovereign” immunity in Sheriff Flynn’s pleadings did not result in any unfair surprise or prejudice to Mr. Broner.

Smith v. City of Boston

District Court, D. Massachusetts · Aug 24, 2021

Qualified Immunity Lamb and Becker argue that even if Plaintiff had established a violation of a constitutional right, Plaintiff cannot establish the right was clearly established … 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

Powell v. City of Pittsfield

143 F. Supp. 2d 94 · District Court, D. Massachusetts · Apr 23, 2001

Pittsfield, too, has a perfunctory qualified immunity argument. (See Pitts- *129 field’s Brief at 4-5.) Reilly’s qualified immunity argument is described in somewhat greater depth. … Assuming Alexander’s and Pittsfield’s passing qualified immunity arguments have not been waived, cf. Airport Impact Relief, Inc. v.

Bock v. Sloane

District Court, D. Massachusetts · Jun 1, 2023

, 2) Bock has failed to state a plausible claim for an antitrust violation and 3) his claim is barred by qualified immunity and/or state-action immunity. 1. … rights and 2) whether the subject right was clearly established at the time of the alleged violation.

AlphaVax, Inc. v. Novartis Vaccines & Diagnostics, Inc.

719 F. Supp. 2d 156 · District Court, D. Massachusetts · Jun 29, 2010

The host’s immune system hopefully then generates an immune response to the expressed heterologous protein (sometimes called a transgene). … Moreover, that declaration even gives an example of a well-qualified assay that can be used for the detection of the alphavirus replication. Id. ¶ 11.

Alicea v. Citifinancial Services, Inc.

210 F. Supp. 2d 4 · District Court, D. Massachusetts · Jul 22, 2002

The loan obtained by Alicea was a new lending product' offered by the defendant called a Track Reduction Adjustable Mortgage (“TRAM”), a sub-prime mortgage program offering lower rates to mortgagors once they establish a … Ultimately, the court held that the safe harbor provision of section 1605(f)(1)(B) did not immunize the creditor from liability. Id.

Arriaga v. Members of the Board of Regents

825 F. Supp. 1 · District Court, D. Massachusetts · Mar 23, 1992

GENERAL LAWS; CHAPTER 653, AN ACT ESTABLISH *4 ING THE BUDGET CONTROL AND REFORM ACT OF 1989 WAS SIGNED INTO LAW. … Thus, defendants’ present willingness not to rely on Section 176 of the Budget Control Act in defending this suit does - not qualify the conclusion that plaintiffs have properly alleged a Contracts Clause claim. IV.

Penate v. Kaczmarek

District Court, D. Massachusetts · Feb 10, 2022

Clerk’s Office, 604 F.3d 257, 269-270 (6th Cir. 2010) (declining to address qualified immunity on appeal where the district court sua sponte held that the defendant was entitled to qualified immunity, because the defendant … Morgan, 922 F.2d 1553, 1557-58 (11th Cir. 1991) (noting that, where the defendant officials waived the affirmative defense of qualified immunity, “the magistrate judge improperly injected the issue of qualified immunity

Elliot v. Volpe

328 F. Supp. 831 · District Court, D. Massachusetts · Apr 16, 1971

The question of waiver of governmental immunity is, as plaintiffs assert, one of federal and not state law. But the “conclusion that there has been a waiver of immunity will not be lightly inferred”. Petty v. … PPM 20-8 clearly recognizes the importance and role of design approval. It treats it as a separate stage in the development of the highway project. Mr.

Jordan v. Carter

494 F. Supp. 2d 72 · District Court, D. Massachusetts · Jul 6, 2007

The depth of the court’s inquiry depends on how clearly the content of the speech relates to a matter of concern to the public. … Finally, the court denied Chief Carter's claim of qualified immunity as premature. On February 1, 2005, Carter filed an interlocutory appeal of the denial of qualified immunity.

Madison v. Cruz

District Court, D. Massachusetts · Feb 13, 2019

The First Circuit has adopted a two-part test to assess qualified immunity. … I find that had Defendant McDonald been aware that Plaintiff was outed as an informant and previously assaulted but declined to act to ensure Plaintiff’s safety, it would qualify as a violation of Plaintiff’s clearly established

Aubuchon v. MASS. BUILD. CODE APPELS BD.

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.

Lucien-Calixte v. David

District Court, D. Massachusetts · Sep 16, 2019

Qualified Immunity In the absence of absolute immunity, qualified immunity protects Officer David from Lucien-Calixte’s § 1983 suit unless 1) he violated … The remaining two disqualifying elements of the qualified immunity analysis are easily met.