Case law

Goodall v. Worcester School Committee

District Court, D. Massachusetts · Sep 25, 2019

to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct. … or consensus of cases by the circuit courts of appeal is persuasive authority to clearly establish a constitutional right)); Andrews v.

Castagna v. Jean

District Court, D. Massachusetts · Jan 31, 2018

doctrine, and moreover, that they are entitled to qualified immunity. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

Biscan v. Town of Wilmington

District Court, D. Massachusetts · Mar 4, 2024

Determining whether a defendant is entitled to qualified immunity is a two-step inquiry. … Cummings is not entitled to qualified immunity with respect to those claims.

Parker v. Hurley

474 F. Supp. 2d 261 · District Court, D. Massachusetts · Feb 23, 2007

of qualified immunity the court must ascertain whether the plaintiffs have asserted a violation of a constitutional right at all.” … Amendments, as parents and guardians to direct the moral upbringing of their children and the clearly established rights of the minor children to such upbringing.”

VLT Corp. v. Unitrode Corp.

194 F.R.D. 8 · District Court, D. Massachusetts · May 31, 2000

The letter is clearly limited to Japanese legal issues. After Mr. … Although the stipulated protective order does not place the burden of establishing that the documents were inadvertently produced squarely on Plaintiffs, it does state that it is up to “the producing party” to "establish[

Old Colony Donuts, Inc. v. American Broadcasting Companies, Inc.

368 F. Supp. 785 · District Court, D. Massachusetts · Jan 10, 1974

It is now well-established that in matters of public interest the exercise of First Amendment rights establishes a qualified constitutional privilege against tort liability. New York Times v. … I rule that the script of the program and the affidavits clearly establish that the broadcast in question concerned a matter of public interest, causes and prevention of heart disease, privileged under the First Amendment

Samuels v. Bureau of Prisons

498 F. Supp. 2d 415 · District Court, D. Massachusetts · Jul 27, 2007

to include alt law enforcement officers acting within the scope *421 of their duties no matter the context, or whether the phrase includes only law enforcement officers performing customs or excise functions, I turn to established … See also Ortloff, 335 F.3d at 659 (“reading the exception so broadly that it includes all other law enforcement officers would render superfluous the ‘any officer of customs or excise’ language, since such officers would clearly

Canney v. City of Chelsea

925 F. Supp. 58 · District Court, D. Massachusetts · May 7, 1996

Finally, the Receivership Act also granted the receiver immunity from civil liability arising from the exercise of his duties. Id. at § 3(8). … Fore River Ry., 861 F.2d 322, 326-27 (1st Cir.1988) (“[T]he decision to appoint a receiver clearly lies within the discretion of the court....

Commodity Futures Trading Commission v. Comvest Trading Corp.

481 F. Supp. 438 · District Court, D. Massachusetts · Dec 6, 1979

The CFTC, as an agency of government, may assert an immunity from legal responsibility for providing for costs of receivership. See, e. g., Securities and Exchange Commission v. … A governmental agency’s immunity from legal responsibility for costs of receivership, however, does not cause those costs to be less real.

K.O. v. United States

District Court, D. Massachusetts · Jan 9, 2023

This plainly overlaps with qualified immunity, which bars suits on the basis of constitutional violations where the right in question is not “clearly established.” Penate v. … As such, it declines to import qualified immunity into the FTCA context. c.

Lemieux v. City of Holyoke

259 F.R.D. 13 · District Court, D. Massachusetts · Aug 14, 2009

The First Circuit found that the section 7(k) exemption did not apply because the Town of Agawam had not shown that it had in fact established a “qualifying work period.” Id. at 291. … In any event, as Plaintiffs argue, the FLSA and the regulations interpreting it clearly state that a section 7(k) work period is based on days, not hours. See 29 U.S.C. § 207 (k)(2); 29 C.F.R. § 553.224 .

Eldred v. Consolidated Freightways Corp. of Delaware

898 F. Supp. 928 · District Court, D. Massachusetts · Aug 31, 1995

A prima facie case of discriminatory refusal to promote, or discriminatory refusal to rehire requires the plaintiff to establish that: (1) plaintiff is within a class protected by Title VII; (2) she applied for and was qualified … This was more likely an after-the-fact justification presented to explain why plaintiff was discharged while clearly less qualified, more expendable males were retained in other departments. 41.

Brown v. Department of Correction

District Court, D. Massachusetts · Apr 29, 2024

Qualified Immunity Defendants finally argue that all counts against Defendants in their individual capacities should be dismissed on qualified immunity grounds. … “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

Mackey v. Salem State University

District Court, D. Massachusetts · Jun 2, 2021

“Title II provides that otherwise qualified disabled students may not be excluded from educational programs or activities or otherwise discriminated against because of their disabilities.” Toledo v. … As an arm of the state, Salem State University enjoys Eleventh Amendment Immunity. See Fantini v. Salem State College, 557 F.3d 22, 33 (1st Cir. 2009).

Salmon v. Lang

District Court, D. Massachusetts · Dec 3, 2019

“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 … The court declines to decide the issue of qualified immunity at this early stage, noting that defendants are free to assert qualified immunity after further development of the factual record.

Flynn v. Church of Scientology International

116 F.R.D. 1 · District Court, D. Massachusetts · Aug 28, 1986

The party seeking discovery of the lawyer’s “work-product” must establish adequate reasons to justify such production. … “It is well established that the government has a qualified privilege to prevent public disclosure of investigative files and related material prepared in the course of an ongoing criminal investigation.” Jabara v.

Massachusetts v. DEPT. OF HEALTH & HUMAN SERVS.

698 F. Supp. 2d 234 · District Court, D. Massachusetts · Jul 8, 2010

for federal funding, the Secretary of HHS must approve a "State plan" describing the nature and scope of the MassHealth program. [80] Qualifying plans must meet several statutory requirements. [81] For example, qualifying … Indeed, this rubric was once explicitly disavowed by the Supreme Court in the governmental immunity context in Garcia v. San Antonio Metro.

National Telecommunication Advisors, Inc. v. City of Chicopee

16 F. Supp. 2d 117 · District Court, D. Massachusetts · Aug 11, 1998

Clearly, the second Golden State factor is satisfied. … Particularly relevant to the court’s conclusion was the fact that the SDWA establishes an elaborate enforcement scheme that confers a right of action on both the government and private citizens. Id. at 5.

Jon N. v. Blue Cross Blue Shield of Massachusetts

684 F. Supp. 2d 190 · District Court, D. Massachusetts · Feb 16, 2010

Introduction This action challenges a denial of health insurance benefits under an employee welfare benefits plan, established pursuant to the Employee Retirement Income Security Act of 1974 1 (“ERISA”). … covered by this contract”; (3) “[a]s cost effective as any established alternatives”; and (4) “[f]urnished in the least intensive type of medical care setting required.”

Fusion Learning, Inc. v. Andover School Committee

District Court, D. Massachusetts · Jun 29, 2022

Qualified Immunity Defendants argue that the three individual defendants, sued in their personal capacities, are entitled to qualified immunity because … But an FAQ attached to an advisory from a state department is not “clearly established law” for the purposes of the qualified immunity analysis.