Case law

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

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.

Bruneau v. United States

150 F. Supp. 2d 303 · District Court, D. Massachusetts · Jul 3, 2001

However, a detailed navigation of the exceptions to sovereign immunity is unnecessary here. This controversy concerns only the extent of an explicit Congressional waiver of immunity. … The Court of Appeals held that this regulation “clearly directs the Air Force and other military departments to exercise discretion .... ” Id. (internal quotations omitted), citing Totten v.

Lesley v. Chie

81 F. Supp. 2d 217 · District Court, D. Massachusetts · Jan 7, 2000

HIV and Pregnancy HIV, a virus which causes Acquired Immune Deficiency Syndrome (“AIDS”), may be transmitted from an infected mother to an infant during pregnancy or childbirth. … Several Circuit Courts of Appeals have held that a person is not “otherwise qualified,” and therefore cannot establish a pri-ma facie case, if her handicap is related to the medical treatment she seeks so that, absent her

Bergeson v. Franchi

783 F. Supp. 713 · District Court, D. Massachusetts · Feb 13, 1992

This Court follows the court in O’Connell , and treats defendant Franchi as a co-employee, not as the insured entity that is immune from suit. … As a second exception, Massachusetts courts have imposed liability on an employer for terminating an at-will employee if the method of termination is in violation of a clearly established public policy. See Hobson v.

Chao v. Ballista

772 F. Supp. 2d 337 · District Court, D. Massachusetts · Mar 25, 2011

Qualified Immunity Finally, the supervisory officials argue once again that they are entitled to qualified immunity because they were not “deliberately indifferent” to the risks to Chao’s rights and safety. … They are therefore not entitled to qualified immunity.

Simari v. Secretary of Health, Education & Welfare

297 F. Supp. 483 · District Court, D. Massachusetts · Mar 25, 1969

The record likewise establishes that these ruptured discs prevent plaintiff from working for any sustained period of time. … surgeons and by the fact that the expiration of six years since the injury has clearly demonstrated that conservative measures have failed to restore plaintiff to normal health.

Giannini v. Abington

District Court, D. Massachusetts · Jun 29, 2018

Qualified Immunity Gambino contends he is entitled to qualified immunity on Count I because “no reasonable police officer would have concluded that shooting the plaintiff … violated was clearly established at the time of the violation.”

Abbott GmbH & Co. v. Centocor Ortho Biotech, Inc.

971 F. Supp. 2d 171 · District Court, D. Massachusetts · Mar 8, 2013

The immune system naturally develops antibodies as a response to foreign antigens in the body. … Here, there was sufficient testimony about the relevance of structure to the claim limitations to establish a clear link between structure and function.

Price v. Mori

District Court, D. Massachusetts · Feb 1, 2021

Qualified Immunity Even if Sergeant Mori and Officer Johnson did not have probable cause to arrest Price, the officers would be entitled to qualified immunity. … 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

Roche v. American Red Cross

680 F. Supp. 449 · District Court, D. Massachusetts · Jan 29, 1988

“The burden of establishing federal jurisdiction rests with the party seeking removal.” Miller v. Grgurich, 763 F.2d 372, 373 (9th Cir.1985); see also Wilson v. … However, in view of the limited nature of the jurisdiction of the Federal Courts it seems desirable that this right be clearly stated in the Charter.

Egger v. Local 276, Plumbers & Pipefitters Union

644 F. Supp. 795 · District Court, D. Massachusetts · Sep 23, 1986

The initial burden of establishing a prima facie case in employment discrimination suits is not onerous. Texas Department of Community Affairs v. … The rights, privileges and immunities that § 1985(3) vindicates must be found elsewhere. Id.

DiSessa v. O'Toole <b><font color="red">DO NOT DOCKET IN THIS CASE - ALL ENTRIES ARE TO BE MADE IN THE LEAD CASE 18-cv-11024-IT </font></b>

District Court, D. Massachusetts · May 20, 2021

Qualified Immunity O’Toole’s last argument is that, even if Disessa’s rights were violated, he is entitled to qualified immunity. Def.’s Mem. 14-16 [#23]. … Qualified immunity is an “immunity from suit rather than a mere defense to liability.” Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). The Supreme Court has therefore “repeatedly . . .

McGunigle v. City of Quincy

132 F. Supp. 3d 155 · District Court, D. Massachusetts · Sep 18, 2015

Qualified Immunity for Individual Defendants Defendants contend that even if McGu-nigle’s § 1983 retaliation claim establishes a constitutional violation, Keenan and Dougan are entitled to qualified immunity because reasonable … established” for purposes of the Harlow qualified immunity standard,’ at least where substantial disruption has been shown to exist as a basis for the” adverse action.

Doe1 v. Boston Public Schools

District Court, D. Massachusetts · Mar 1, 2019

Qualified Immunity Gavins argues that she is entitled to qualified immunity because her alleged conduct did not violate a clearly established statutory or constitutional right … Mangino, 873 F.3d 75, 82 (1st Cir. 2017) (“To be sure, ‘the clearly established law’ employed in a qualified immunity analysis ‘must be particularized to the facts of the case.’” (quoting White, 137 S.

United States v. Ryan

964 F. Supp. 526 · District Court, D. Massachusetts · Mar 28, 1997

Moreover, since the government has the burden of proving that Ryan has the requisite intent necessary to establish obstruction of justice, I cannot so find. 11 While it is not a perfect fit, misprision of felony is the most … In determining whether a defendant qualifies for such a departure, the court should consider, inter alia, whether the defendant “truthfully admitt[ed] the conduct comprising the offense(s) of conviction.”

Atkinson v. Town of Ashburnham

District Court, D. Massachusetts · Aug 10, 2018

Qualified immunity protects police officers “from liability for civil damages insofar as their conduct does not violate clearly establish statutory or constitutional rights of which a reasonable person would have known … Clearly Established Right “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity

Justiniano v. Walker

District Court, D. Massachusetts · Sep 30, 2018

“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 … Here, assuming arguendo that Trooper Walker used unreasonable force and that the right to be free from such force was clearly established at the time, the relevant inquiry for qualified immunity

Curran v. Coddington

District Court, D. Massachusetts · Feb 15, 2023

He asserts that (1) as the hearing officer designated by the Board, he is entitled to quasi-judicial immunity, (2) as the Executive Director of MHA, he is entitled to qualified immunity, (3) the complaint fails to … Plaintiff has not alleged a “clearly established” violation of her constitutional rights by Defendant, nor that a “reasonable officer’ in Defendant's position would have known that his actions violated Plaintiff's rights

Brown v. Sweeney

526 F. Supp. 2d 126 · District Court, D. Massachusetts · Nov 1, 2007

Though qualified immunity will certainly be argued in this case, this Court must first evaluate whether Brown adequately has alleged the deprivation of an actual constitutional right at all. Wilson v. … Where a plaintiff has failed to do so, a court need not determine the qualified immunity issue. See id. 5 .