Case law

Massachusetts Hospital Ass'n, Inc. v. Harris

500 F. Supp. 1270 · District Court, D. Massachusetts · Oct 29, 1980

Counsel for the Secretary called to the court’s attention several allegations in MHA’s Statement as to which the Secretary contended a genuine dispute clearly existed in the evidence. … Laws ch. 6A, § 32, which establishes the Rate Setting Commission, constitutes a waiver of the Commonwealth’s Eleventh Amendment immunity.

The Bible Speaks v. Dovydenas

81 B.R. 750 · District Court, D. Massachusetts · Jan 25, 1988

It merely establishes the first prong of a three prong test. 2. Exertion of Undue Influence The second part of the test for undue influence asks whether the influence was, in fact, exerted. … Clerical Immunity Finally, neither churches nor clergymen are immune from judicial scrutiny. See General Council on Finance & Administration, United Methodist Church v. California Sup.

Turner v. Fallon Community Health Plan Inc.

953 F. Supp. 419 · District Court, D. Massachusetts · Feb 5, 1997

Turner did not qualify for coverage under the amended Fallon Plan because she did not meet Dana Farber’s protocol. … Plaintiffs state common law olaima are preempted by the broadly sweeping arm of ERISA Plaintiff is left without any meaningful remedy even if he were to establish that Fallon wrongfully refused to provide the Duke protocol

Keller v. Monson School Committee

District Court, D. Massachusetts · Mar 22, 2024

“Qualified immunity shields government officials from civil damages ‘unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.”’” … Where the constitutional right and the availability of supervisory liability are both clearly established, “the qualified immunity analysis ‘reduces to the test of objective legal reasonableness.’”

Redgrave v. Boston Symphony Orchestra, Inc.

557 F. Supp. 230 · District Court, D. Massachusetts · Feb 1, 1983

Plaintiffs argue correctly that the cases do not establish that specific performance is never to be granted in an employment contract case. 4 However, it is clearly true that specific performance in personal service cases … Thus, although Griffin clearly establishes that certain private conspiracies are reached by § 1985(3), it does not define precisely the scope of rights secured by the statute or assert that state action will never be required

Charles

District Court, D. Massachusetts · Jan 5, 2026

The qualified immunity doctrine shields public officials from liability for civil rights violations if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … As such, “[i]t is not always possible to determine before any discovery has occurred whether a defendant is entitled to qualified immunity, and courts often evaluate qualified immunity defenses at the summary judgment

Aaron v. City of Lowell

District Court, D. Massachusetts · Mar 31, 2023

Determining whether a right is “clearly established” is also a two-party inquiry. Id. … is entitled to qualified immunity at this stage.”

Yong Tang v. Chertoff

493 F. Supp. 2d 148 · District Court, D. Massachusetts · Jun 26, 2007

Indeed, the title of 8 U.S.C. § 1252 (a)(2)(B), “Denials of Discretionary Relief,” (emphasis supplied), points clearly to its subject matter. … The Supreme Court found that Congress had given the FDA “complete discretion” to decide what drugs to review, and that discretion had never been meaningfully qualified. Thus, as in So.

Unitt v. Spencer

District Court, D. Massachusetts · Jul 30, 2019

violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … At this point, the issue of qualified immunity turns on unresolved questions of fact.

Chas. T. Main International, Inc. v. United States

509 F. Supp. 1162 · District Court, D. Massachusetts · Mar 17, 1981

These cases when read carefully, allowing due regard for the different factual situations which gave rise to them, clearly, in the judgment of this writer, show an attitude and inclination on the part of the Supreme Court … The recognition, establishment of diplomatic relations, the assignment, and agreements with respect thereto, were all parts of one transaction, resulting in an international compact between the two governments.

Pease v. Burns

719 F. Supp. 2d 143 · District Court, D. Massachusetts · Jun 28, 2010

Plaintiffs selected a candidate who they aver was qualified for the position on EEC’s Professional Child Care Qualifications Registry. (Compl. at ¶¶ 44, 45.) … Sovereign Immunity. All claims against the Commonwealth and EEC are barred by the Eleventh Amendment and the doctrine of sovereign immunity.

Rogers v. Cofield

935 F. Supp. 2d 351 · District Court, D. Massachusetts · Mar 31, 2013

On the issue of qualified immunity, this court denied immunity for the section 1983 false arrest claim and requested further briefing regarding the section 1983 excessive force claim. 13 (Docket Entry #80). … Officer Cofield sought a finding of qualified immunity in a 12 page brief and an additional four page reply brief to plaintiffs six page opposition.

Castro v. Beecher

365 F. Supp. 655 · District Court, D. Massachusetts · Apr 15, 1973

In technical proficiency, the policeman’s first quality is ability to communicate simply, clearly, convincingly. … What is clearly shown by the record in this case, and established by the concurrent findings of this court and the Court of Appeals, is that although, for example, in the population of the Commonwealth of Massachusetts over

Bouchard v. Secretary of Health & Human Services

583 F. Supp. 944 · District Court, D. Massachusetts · Apr 2, 1984

Both of these results are clearly contrary to the stated legislative history. Id. at 70 (emphasis supplied). … As grounds for this contention, the Secretary raises an issue of sovereign immunity. I should hasten to point out that the Secretary does not assert the immunity of the federal government from suit.

Gunter v. Cicero

District Court, D. Massachusetts · Mar 11, 2019

“A government official sued under § 1983 is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Here, because the court already determined Defendants violated Plaintiff’s clearly- established constitutional rights, only the second prong of the qualified immunity analysis is at issue. 1.

Integrated Facilities Construction Corp. v. Carol W Gladstone

District Court, D. Massachusetts · Jul 20, 2022

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 … The second prong of the qualified immunity inquiry is decisive here.

Caiani v. Town of Walpole

624 F. Supp. 311 · District Court, D. Massachusetts · Dec 13, 1985

Probable cause must “clearly” be lacking at the time the warrant is requested in order to impose liability. Floyd v. Farrell, 765 F.2d 1, 5 (1st Cir.1985) (arrest warrant). … In this case, neither the application for the warrant nor the search itself were so clearly lacking in probable cause as to abrogate the detectives’ good faith immunity.

Jackson v. Sargent

394 F. Supp. 162 · District Court, D. Massachusetts · Feb 4, 1975

The plaintiffs claim that this underrepresentation establishes a prima facie case of racial discrimination. … Since state subdivisions are immune from liability under § 1983, they contend that this Court has no subject matter jurisdiction over the action.

In Re: Administrative Subpoena Blue Cross Blue Shield of Massachusetts, Inc.

400 F. Supp. 2d 386 · District Court, D. Massachusetts · Nov 18, 2005

As such, Congress extended qualified immunity from suit to those conducting such peer reviews. 42 U.S.C. § 11111 (a)(2) (2005). … Given that the HCQIA already provides for qualified immunity from suit for those participating in peer reviews and that the production of documents would be subject to a protective order to preserve confidentiality, any concerns

Evans v. Town of Watertown

417 F. Supp. 908 · District Court, D. Massachusetts · Jul 20, 1976

Count I has alleged that by defendants’ actions, plaintiff has been deprived of rights, privileges, and immunities secured by the Constitution and laws of the United States, in violation of 42 U.S.C. § 1983 . … The case law seems to clearly take the position that section 1983 does not provide a remedy for such claims. See Paul v. Davis, 424 U.S. 693 , 96 S.Ct. 1155 , 47 L.Ed.2d 405 , 44 U.S.L.W. 4337 (1976); Hahn v.