Case law

Contardo v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

753 F. Supp. 406 · District Court, D. Massachusetts · Dec 14, 1990

With respect to this case, it would appear that the plaintiff’s prima facie case is established by evidence that she is a member of a protected class, that she was qualified to participate in the employment opportunities … Even the employment examination was clearly designed to be answered by men.

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

DOE v. TOWN OF NORTH ANDOVER

District Court, D. Massachusetts · May 16, 2023

“Qualified immunity protects government officials from trial and monetary liability unless the pleaded facts establish ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly … “If either of the two prongs is not met—i.e., if the facts do not show a constitutional violation or the right in question was not clearly established—the officer is immune.

Nilsen v. Massachusetts Department of Revenue

557 B.R. 1 · District Court, D. Massachusetts · Sep 6, 2016

Nilsen named the Internal Revenue Service (the "IRS”) as a party in this case, but as the IRS is generally immune from suit, Lawson v. United States Internal Revenue Servs., C.A. … IRS Form 1040 clearly states “U.S. Individual Income Tax Return” in bold typeface across the top. Form 1040-IRS.gov, https:// www.irs.gov/pub/irs-pdf/fl040.pdf, (2015).

In Re Production of Records to the Grand Jury

618 F. Supp. 440 · District Court, D. Massachusetts · Oct 2, 1985

Foreperson establishing two specific elements. … The Massachusetts legislature speaks clearly about privileged communications between a patient and his or her social worker. Mass.Gen.Laws chs. 66A, 112 § 135, and 119 § 51E.

Reidy v. Travelers Insurance

928 F. Supp. 98 · District Court, D. Massachusetts · Jun 3, 1996

In order to establish a prima facie case of handicap discrimination in employment under Chapter 151B, plaintiff must produce evidence showing that 1) he is a handicapped person, 2) in spite of his handicap, he is qualified … In order to establish the second element, plaintiff must show that, despite his handicap, he was qualified for the position from which he was terminated.

Johnson v. Town of Duxbury

District Court, D. Massachusetts · Oct 23, 2018

Qualified Immunity for Defendant Clancy Johnson contends that qualified immunity does not apply because no reasonable chief or municipality would have understood … To determine whether a law enforcement officer is entitled to qualified immunity, courts consider whether: 1) plaintiff’s allegations establish a constitutional violation, 2) the constitutional

Coyne v. City of Somerville

770 F. Supp. 740 · District Court, D. Massachusetts · Aug 27, 1991

In any event, inasmuch as this court concludes that plaintiff fails to state a claim under § 1983, there is no occasion to discuss the matter of qualified immunity at any length. … clearly established statutory or constitutional rights of which a reasonable person would have known."

MULLEN v. Department of Corrections of Massachusetts

District Court, D. Massachusetts · Nov 28, 2022

Defendants argue they are entitled to qualified immunity for all excessive force claims. … In the First Circuit, the qualified immunity analysis consists of determining whether the allegations “make out a violation of a constitutional right” and, if so, “whether the right was clearly established at the time

Dobelle v. Flynn

12 F. Supp. 3d 274 · District Court, D. Massachusetts · Apr 9, 2014

Immunity under M.G.L. c. 258, § 2 The State Defendants argue that they are immune from the state law claims against them — Count I (tortious interference with contractual relations) and Count V (civil conspiracy) — under … Nor have the State Defendants argued that they are protected by qualified immunity. Accordingly, the court does not address these issues. .

Hogan v. Eastern Enterprises/Boston Gas

165 F. Supp. 2d 55 · District Court, D. Massachusetts · Sep 27, 2001

, claim preclusion, or the statute of limitations. *58 Defenses that require a factual review to be established (as ordinarily occurs with qualified immunity, for example) should not support a dismissal for failure to state … If, however, the complaint itself sets forth facts showing that qualified immunity applies, the court may properly dismiss the claim. 2 Moore’s Federal Practice, § 12.34[4][b] (Matthew Bender 3d ed.)

Jackson v. Harvard University

721 F. Supp. 1397 · District Court, D. Massachusetts · Aug 14, 1989

[Does the work] ‘... establish her reputation as a respected researcher in Marketing^?]” … Consequently, she claims, defendants’ articulation of her alleged lack of creativity as the reason she was denied tenure was clearly pretextual.

Ventura

District Court, D. Massachusetts · Nov 26, 2025

the doctrine of absolute judicial immunity. … To establish a prima facie case for discrimination under Title II, Plaintiff must show that he (i) is a “a qualified individual with disability,” (ii) was “either excluded from participation in or denied the benefits of

Anthony v. Com. of Mass.

415 F. Supp. 485 · District Court, D. Massachusetts · Mar 29, 1976

I or making any certification of persons qualified for those positions to the appointing agencies. … Theoretically, women are not barred from qualifying as preferred veterans.

State Street Trust Co. v. United States

160 F. Supp. 877 · District Court, D. Massachusetts · Mar 19, 1958

No trust was established for a fourth child since the decedent thought that she was sufficiently well provided for by her husband. … They immediately established trusts of the same property which incorporated the desired changes and named the decedent and the Old Colony Trust Company co-trustees. Nine months later Mr.

Bates v. Kender

537 F. Supp. 2d 281 · District Court, D. Massachusetts · Feb 21, 2008

The marginal relevance of that section of the Report is, therefore, clearly outweighed by the danger of unfair prejudice. … Defendants’ Motion in Limine to Have Court Deem Established the Fact of Plaintiff’s Convictions (Docket No. 67) Defendants move this Court to deem established the conviction of Bates for assault and battery.

Massachusetts v. United States Department of Health & Human Services

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 plans … Indeed, this rubric was once explicitly disavowed by the Supreme Court in the governmental immunity context in Garcia v. San Antonio Metro.

In Re the Receivership Estate of Indian Motorcycle Manufacturing, Inc.

299 B.R. 8 · District Court, D. Massachusetts · Jun 6, 2003

Only expenses that are “an integral part of a business” qualify as ordinary and necessary expenses. Allen v. C.I.R., 283 F.2d 785, 790 (7th Cir.1960). … This statement clearly categorizes the IMMI shares as “investment.” The series A and B certificates do not contain this language.

Kelly v. United States

737 F. Supp. 711 · District Court, D. Massachusetts · May 21, 1990

Throughout the time relevant in this case, the DEA promulgated an internal security manual which established the intra-agency rules for employee integrity. 1 The purpose of this manual, among other things, was to establish … The FTCA acts as a limited waiver of sovereign immunity by the United States government.

Langhammer v. Hamilton

194 F. Supp. 854 · District Court, D. Massachusetts · May 31, 1961

That the concealment of this type of information by an alien applying for entrance into the United States is material is clearly proved by Duran-Garcia v. … Plaintiff’s membership in the Communist Party of a foreign State prevents his coming within the class of persons described in 8 U.S.C.A. § 1251 (a) as amended, and for that reason he cannot qualify for relief by reason of