Case law

Miley v. John Hancock Mutual Life Insurance Co.

148 F. Supp. 299 · District Court, D. Massachusetts · Apr 11, 1957

It establishes the state employees group insurance commission with authority to establish such reasonable rules and regulations as may be necessary for the administration of the act. … It was clearly free to negotiate with other companies to get an equally low offer from some competitor.

Rodriguez v. City of Springfield

127 F.R.D. 426 · District Court, D. Massachusetts · Jul 21, 1989

Based upon past experience, the court assumes that at least one of the bases for the motion for summary judgment will be the qualified immunity of the defendants. … However, in determining whether the defendant would enjoy qualified immunity, the court stated, “[w]e read the [Supreme Court’s] strong condemnation of insubstantial suits against Government officers as calling for application

Griffin v. West Side Corp. (In Re Erlin Manor Nursing Home, Inc.)

86 B.R. 307 · District Court, D. Massachusetts · Sep 25, 1985

At the beginning of each fiscal year, the Commission establishes an interim rate, according to which providers of care are reimbursed monthly. … The injunction entered by the bankruptcy court in this case clearly exceeds these limitations because it is directed against the “Commonwealth of Massachusetts.” This defect, however, is easily cured.

Massachusetts v. Wampanoag Tribe of Gay Head

36 F. Supp. 3d 229 · District Court, D. Massachusetts · Jul 1, 2014

In part, the IGRA established a regulatory structure for gaming on Indian lands and created the National Indian Gaming Commission (“NIGC”). … Graham, 489 U.S. 838, 840-42 , 109 S.Ct. 1519 , 103 L.Ed.2d 924 (1989) (defense of tribal immunity is not a ground for removal); Gully v.

Rose Chalet Functions Corporation v. Evans

264 F. Supp. 790 · District Court, D. Massachusetts · Feb 17, 1967

This raises the intertwined problems of qualified privilege and abuse of privilege, or as the latter is sometimes called, bad faith. *795 We do not yet have from the Supreme Court a clear light, or series of lights, to mark … Plaintiff would have the burden of alleging and establishing that defendant did not act in good faith performance of his official duty as he understood it. 4 Inasmuch as plaintiff would not have a state tort cause of action

Schaick v. Church of Scientology of California, Inc.

535 F. Supp. 1125 · District Court, D. Massachusetts · Mar 26, 1982

We then turn to those claims against which the First Amendment affords no immunity. … religion over another” by taking judicial notice of the fact that an established religion is a bona fide religion while refusing to give similar treatment to a less established religion.

Williams-Ward v. Lorenzo Pitts, Inc.

908 F. Supp. 48 · District Court, D. Massachusetts · Oct 18, 1995

The plaintiff argues that the defendant was in sufficient control of the premises to qualify as an “owner” for purposes of imposing liability, and presses a cross-motion for summary judgment. … Accordingly, the defendant’s claim of immunity as an agent of the United States is unfounded.

MULLEN v. Department of Corrections of Massachusetts

District Court, D. Massachusetts · Sep 9, 2025

To be clearly established, the legal principle must be “settled law.” Id. (citation omitted). … reasonable and falls under the qualified immunity umbrella.”

Williams v. Northfield Mount Hermon School

504 F. Supp. 1319 · District Court, D. Massachusetts · Jan 16, 1981

However, these acts are properly attributed to the single entity Northfield Mount Hermon School, which clearly cannot conspire with itself. … Ely and myself, it was concluded that you would appear before the All-School Judicial Commission, an option to which you were clearly entitled.

Obele v. Town of Brookline

District Court, D. Massachusetts · Mar 4, 2021

Qualified Immunity Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory … In any event, Vragovic is entitled to qualified immunity.

OLAMIDE OLORUNNIYO ORE v. Clinton

675 F. Supp. 2d 217 · District Court, D. Massachusetts · Dec 23, 2009

In any event, as USCIS reasoned, mere payment of salary does not establish a person’s managerial role. See id. 2. … Specifically, it reasonably concluded that the petitioner had not established (1) the managerial nature of Ore’s position and (2) a qualifying relationship between Elizore Properties and Elizore Nigeria.

WJM, Inc. v. Massachusetts Ex Rel. Department of Public Welfare

84 B.R. 268 · District Court, D. Massachusetts · Dec 30, 1986

At the end of the year, each facility files a cost report, known as an RSC-1, which is ultimately used to establish the final payment rate for that year. … Section 106 of the Bankruptcy Code contains a specific statutory waiver of sovereign immunity applicable to this case.

Swartz v. Sylvester

District Court, D. Massachusetts · Jun 28, 2021

However, qualified immunity protects public employees “from liability for civil damages”—the type of relief Swartz seeks here—“insofar as their conduct does not violate clearly established statutory or constitutional rights … The qualified-immunity analysis employs a two-part test: (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 established

Gerakaris v. Champagne

913 F. Supp. 646 · District Court, D. Massachusetts · Jan 30, 1996

The defendants’ claims of qualified immunity, for example, are based in part on Gerakaris’s perceived inability to prove facts, such as the “intentionality” of the officers’ conduct and the existence of an “affirmative link … At this early stage there is no question but that the allegations of the Amended Complaint are sufficient to describe conduct, if proved, that “violate[s] clearly established statutory or constitutional rights of which a

Penate v. Kaczmarek

District Court, D. Massachusetts · Jun 17, 2022

“[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” … immunity turned on the clearly established prong of the analysis.

Ferrara v. United States

372 F. Supp. 2d 108 · District Court, D. Massachusetts · May 13, 2005

SUMMARY As described in the April 12, 2005 Memorandum and Order, petitioner Vincent Ferrara has proven that he was denied Due Process when the government violated its clearly established constitutional duty to disclose to … The court recognizes that “there can be more than one person who qualifies as an organizer or leader ■ ...” U.S.S.G. *120 § 3B1.1 (1987), 11 Commentary.

Kling v. Fidelity Management Trust Co.

270 F. Supp. 2d 121 · District Court, D. Massachusetts · Jun 3, 2003

Kling participated in the Harnischfeger Industries Employees’ Savings Plan (the Plan), which the company established as a qualified plan under ERISA. … Such a result clearly would contravene ERISA’s imposition of a fiduciary duty that has been characterized as “the highest known to law.” Kuper, 66 F.3d at 1453 (citation omitted). Physicians HealthChoice, Inc. v.

Chelte v. Apfel

76 F. Supp. 2d 104 · District Court, D. Massachusetts · Nov 24, 1999

P, App. 1, listing 14.08 in any one of three ways, all of which qualify her as disabled. … A final determination of plaintiffs mental impairment claim is not necessary because plaintiff is clearly disabled by her HIV symptoms alone. V.

United States v. Mubayyid

476 F. Supp. 2d 46 · District Court, D. Massachusetts · Mar 8, 2007

Here, the IRS clearly had statutory and regulatory authority to inquire about Care’s proposed activities. … Absent such evidence, defendants cannot establish discriminatory effect. b.

Evariste v. Boston Police Department

District Court, D. Massachusetts · Mar 23, 2020

The doctrine of 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 person … Here, the officers’ search of plaintiff’s underwear did not violate clearly established law.