Case law

Ballinger v. Town of Kingston

District Court, D. Massachusetts · Dec 10, 2019

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 … established’ for purposes of the Harlow qualified immunity standard.”

Milazzo v. Sentry Insurance

691 F. Supp. 517 · District Court, D. Massachusetts · Nov 6, 1987

In light of these well established rules, Sentry’s determination that Kane’s policy did not cover Milazzo’s injury claims, because Milazzo was an excluded “guest occupant” under the circumstances of her case, was clearly … Further, I do not find the Magistrate’s Order either clearly erroneous or contrary to law.

Jane Doe 1 v. City of Holyoke

District Court, D. Massachusetts · Mar 25, 2024

Additionally, qualified immunity protects individuals from liability unless their acts or omissions “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Qualified immunity does not apply to official capacity claims.

KG Urban Enterprises, LLC v. Patrick

839 F. Supp. 2d 388 · District Court, D. Massachusetts · Feb 16, 2012

The Act Establishing Expanded Gaming in the Commonwealth On November 22, 2011, Massachusetts Governor Deval Patrick signed into law the Act Establishing Expanded Gaming in the Commonwealth, Mass. … Sovereign immunity The parties dispute whether sovereign immunity deprives this Court of *398 subject-matter jurisdiction to hear plaintiffs federal pre-emption claim.

The Clover

5 F. Cas. 1095 · District Court, D. Massachusetts · Jul 15, 1869

The cases cited appear to establish the proposition that the states may lawfully make regulations concerning the harbors within their limits, and not repugnant to any act of congress, which will be binding on all persons … The words “so that the said jib-boom shall not annoy” other vessels, do not qualify the express command to rig in the jib-boom, but only explain its purpose, or at- most limit the law to those cases in which the jib-boom

Cameron v. Tomes

783 F. Supp. 1511 · District Court, D. Massachusetts · Feb 14, 1992

immunity. … Rather, a qualified professional must make a determination as to Cameron’s particular risk. I.

Byrne v. Massachusetts Bay Transportation Authority

196 F. Supp. 2d 77 · District Court, D. Massachusetts · Apr 18, 2002

The plaintiffs, all of whom are MBTA police officers, clearly are engaged in safety-sensitive work, see Guiney v. … The MBTA has never asserted its “Eleventh Amendment immunity” in this Court. See Alden v.

Clauson v. City of Springfield

848 F. Supp. 2d 63 · District Court, D. Massachusetts · Mar 22, 2012

To be sure, Plaintiff also asserts that the requirement in subparagraph (a) of section 1415 — which mandates that the state “establish and maintain procedures ... to ensure that children with disabilities and there parents … from conditioning the receipt of federal funds on a state’s waiver of Eleventh Amendment immunity); M.A. ex rel.

Mukulukusso v. Doogan

District Court, D. Massachusetts · Nov 16, 2023

Qualified Immunity The moving individual defendants argue that they are entitled to qualified immunity from the § 1983 claims. … Thus, those arguments cannot justify qualified immunity for the excessive force claims. d.

Jones v. Walgreen Co.

765 F. Supp. 2d 100 · District Court, D. Massachusetts · Feb 24, 2011

Clearly, though, the issue is not whether she was employed as a Store Manager, which she indisputably was, but whether she was able to perform the essential functions of the position. “ ‘An ADA plaintiff may not rely on past … performance to establish that [s]he is a qualified individual without accommoda *108 tion when there is undisputed evidence of diminished or deteriorated abilities.’ ” Richardson v.

Hutchins v. City of Springfield

District Court, D. Massachusetts · Jan 16, 2018

await trial -- they have no need of qualified immunity. … No principle of qualified immunity will protect them.

John Harnois v. University of Massachusetts at Dartmouth

District Court, D. Massachusetts · Oct 28, 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 … The court declines to decide the issue of qualified immunity at this stage, noting that defendants are free to assert qualified immunity after further development of the factual record.

De Allende v. Shultz

709 F. Supp. 18 · District Court, D. Massachusetts · Mar 13, 1989

Wilderness Society, 421 U.S. 240 , 95 S.Ct. 1612 , 44 L.Ed.2d 141 (1975), and creates a limited waiver of the common law doctrine of sovereign immunity. Lane v. … In rejecting the government’s interpretation of subsection 27, the court stated: The language of subsection 27 clearly articulates the scope of the provision ... [and] establishes clear criteria for exclusion ...

Stamps v. Town of Framingham

38 F. Supp. 3d 134 · District Court, D. Massachusetts · Apr 16, 2014

Fed.R.Evid. 501. 2 *140 “In a discovery dispute, the burden to establish an applicable privilege rests with the party resisting discovery.” FDIC v. Ogden Corp., 202 F.3d 454, 460 (1st Cir.2000). … The Magistrate Judge’s *146 order granting the motion to compel as to those documents was not clearly erroneous or contrary to law. IV.

United States v. Fernandez

940 F. Supp. 387 · District Court, D. Massachusetts · Sep 18, 1996

In the absence of jury instructions, a court may resort to other “easily produced and evaluated court documents” that clearly establish the specific conduct underlying the defendant’s conviction. … Sweeten, 933 F.2d 765, 769-70 (9th Cir.1991), the court held that a sentencing court should not exclude in its inquiry "documentation or judicially noticeable facts that clearly establish that a conviction is a predicate

Piligian v. United States

642 F. Supp. 193 · District Court, D. Massachusetts · Jul 14, 1986

Subsection (d) creates an exception to this general grant of immunity. … Since the revenues generated by the rents are a function of the number of shoppers patronizing the concourse, it is clearly in the United States’ pecuniary self interest to open the concourse area to the general public.

Williams v. Lamusta

District Court, D. Massachusetts · Sep 25, 2024

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 … If this Court were to rule on the qualified immunity of the state troopers, it could potentially interfere with the state court’s adjudication of that motion, particularly its determination of whether the officers followed

Terry v. Electronic Data Systems Corp.

940 F. Supp. 378 · District Court, D. Massachusetts · Sep 10, 1996

The Corporation thus argues that, because Terry cannot establish that he passed the background investigation, he was not qualified for the position and therefore fails to prove the “basic fact.” … that Terry was qualified for the position.

Nolet v. Armstrong

197 F. Supp. 3d 298 · District Court, D. Massachusetts · Jul 15, 2016

Objectively, he must establish that the deprivation alleged was “sufficiently serious.” Id. … Public employees are immune from tort liability pursuant to Mass. Gen.

Soneeya v. Spencer

851 F. Supp. 2d 228 · District Court, D. Massachusetts · Mar 29, 2012

Soneeya with an individualized evaluation by a qualified medical professional as to her readiness for sex reassignment surgery, and the security implications thereof. … of its Eleventh Amendment immunity.” 190 Because the Commonwealth has not waived its Eleventh Amendment immunity for actions seeking to enforce rights secured by Article 114 in Federal Court, this court does not have jurisdiction