Case law

Hooker v. Tufts University

581 F. Supp. 104 · District Court, D. Massachusetts · Sep 30, 1983

I find that neither of these alternative theories establishes a prima facie case. The record is clear that plaintiff did not qualify for tenure pursuant to the “creative scholarship” standard. … Hooker was “qualified” for tenure. 7 Assuming that any acknowledged waiver policy existed, the University clearly retained the discretion to cease granting such waivers and to hold a physical education faculty member to the

Debisschop v. Longmeadow, Town of

District Court, D. Massachusetts · Jun 21, 2021

Qualified Immunity Framework "The principle of qualified immunity shields a police officer from liability for civil damages when his conduct does not violate clearly-established statutory … conduct was "clearly established at the time."'"

Estate of Afonso Brandao v. Benvie

District Court, D. Massachusetts · May 1, 2024

Qualified Immunity Defendants next argue that even if Benvie and Da Graca violated the Fourteenth Amendment, they are protected by qualified immunity. … “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 a reasonable

Kahn v. Secretary of Health, Education, & Welfare

53 F.R.D. 241 · District Court, D. Massachusetts · May 21, 1971

It is ordered that the following facts 2 be taken as established against defendants: 1. … Dubois — are clearly protected freedoms of speech and association under the First Amendment.

Masciari v. Town of Belmont

District Court, D. Massachusetts · Nov 10, 2020

Defendants assert a defense of qualified immunity. Def’s Mem. in Support of Mot. for Summary Judgment (“Defs’ Mem.”) 8-10 [#27]. … immunity.

Davis v. Lehane

89 F. Supp. 2d 142 · District Court, D. Massachusetts · Mar 29, 2000

The Supreme Court, however, has admonished that “courts should be loathe to do so in the absence of extraordinary circumstances such as where the initial decision was ‘clearly erroneous and would work a manifest injustice … This is all the more so since Lincoln, the government’s chief witness, was so clearly an amoral liar pursuing the main chance.

Unitt v. Spencer

District Court, D. Massachusetts · May 7, 2019

Qualified Immunity Qualified immunity protects public officials, acting in their individual capacity, “from liability for civil damages insofar as their conduct does not … violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

LaRosa v. United Parcel Service, Inc.

23 F. Supp. 2d 136 · District Court, D. Massachusetts · Oct 1, 1998

Here, UPS asserts that LaRosa cannot establish that he was a “qualified handicapped person” because “an employee who engages in misconduct [i.e., the stealing of time] cannot show he is qualified for purposes of establishing … Such a holding would be clearly contrary to Massachusetts law.

Orwat v. Maloney

360 F. Supp. 2d 146 · District Court, D. Massachusetts · Feb 10, 2005

The Defendants further argue that Padula is protected from suit under *155 the doctrine of qualified immunity. … Qualified immunity applies when a government official’s “behavior does not violate clearly established statutory or constitutional rights of ‘which a reasonable person would have known.’ ” Brennan v.

McDonald v. City of Boston

District Court, D. Massachusetts · Sep 20, 2018

“[T]he second, ‘clearly established’ step of the qualified immunity analysis . . . in turn, has two aspects.” Maldonado v. Fontanes, 568 F.3d 263, 269 (1st Cir. 2009). … Despite finding the officer’s decision to obtain an arrest warrant based only on a name to be “troublesome,” the court granted him qualified immunity based on the second step of the analysis that it was not clearly established

Yarde v. Mici

District Court, D. Massachusetts · Jan 30, 2024

The new allegations 2 Qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To determine whether qualified immunity applies, the court must determine (1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right, and (2) whether the right at issue was clearly

Walsh v. Town of Lakeville

431 F. Supp. 2d 134 · District Court, D. Massachusetts · Apr 10, 2006

Moreover, neither Gibney nor Beneski is entitled to qualified immunity. … Based on the evidence presented by Walsh, this Court concludes that her right to use and enjoy her property was a clearly established right at the time Gibney and Beneski allegedly violated it.

Booker v. Massachusetts Department of Public Health

246 F.R.D. 387 · District Court, D. Massachusetts · Oct 4, 2007

shall specify so much of it as is true and qualify or deny the remainder.” … Foley's deposition testimony establishes, despite Plaintiff’s attempts to characterize it otherwise, that Ms.

Hardiman v. United States

945 F. Supp. 2d 246 · District Court, D. Massachusetts · May 23, 2013

The Appeals Court concluded that “[t]he guidelines clearly leave it to the officers’ discretion to determine what is a reasonably foreseeable risk of harm to a specific third party. … A probation officer’s determination of a third-party risk and his/her decision regarding what exactly to disclose to local police when submitting a request for . a mental health evaluation clearly involve policy decisions

McMillan v. Massachusetts Society for the Prevention of Cruelty to Animals

880 F. Supp. 900 · District Court, D. Massachusetts · Mar 17, 1995

“[C]ase precedent clearly reflects that isolated and ambiguous statements ... ‘are too abstract, in addition to being irrelevant and prejudicial, to support a finding of [sex] discrimination.’ ” Gagne v. … Finally, the MSPCA argues that its tort liability is limited to $20,000 by the charitable immunity statute, G.L. c. 231 § 85K.

United States v. Hughes

44 F. Supp. 3d 169 · District Court, D. Massachusetts · Sep 15, 2014

The primary locus of this obligation is Rule 702, which clearly contemplates some degree of regulation of the subjects and theories about which an expert may testify.” Daubert v. … Joiner, 522 U.S. 136, 142 , 118 S.Ct. 512 , 139 L.Ed.2d 508 (1997). *174 Clearly, Crowley’s testimony will be of assistance to the trier of fact in understanding the evidence.

Jackson v. Harvard University

111 F.R.D. 472 · District Court, D. Massachusetts · Aug 12, 1986

Proof of a general pattern of sex discrimination tends to establish that it is more likely than not that an educator’s decision to deny tenure was based on sex. … As stated above, tenure decisions involve matters clearly distinct from non-faculty employment decisions.

Harper v. Massachusetts State Police

District Court, D. Massachusetts · May 23, 2019

Qualified Immunity Defendant contends that he is entitled to qualified immunity, which protects government officials from trial and … If the facts do not show a constitutional violation or that the right in question was not clearly established, the officer is immune. Marrero-Mendez v.

Radler v. Turco

District Court, D. Massachusetts · Jun 8, 2020

Qualified Immunity Defendants argue that they are entitled to qualified immunity on Plaintiff’s surviving claims. … ’s claims on qualified immunity grounds at this juncture.

Massachusetts Mutual Life Insurance Co. v. DLJ Mortgage Capital, Inc.

251 F. Supp. 3d 329 · District Court, D. Massachusetts · May 2, 2017

As the admissibility of settlement agreements is clearly a procedural issue—and MassMu-tual has not argued otherwise—Zueco’s discussion of a state common law rule is immaterial. See, e.g., Carota v. … In other words, as the parties have acknowledged, the underlying evidence is not “immunized” simply because it was presented or utilized in the DOJ settlement process.