Case law

Schultz v. Doher

District Court, D. Massachusetts · Sep 27, 2018

Qualified immunity serves as a shield to government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … 2) whether the right was clearly established at the time of the alleged violation.

Canterbury Liquors & Pantry v. Sullivan

999 F. Supp. 144 · District Court, D. Massachusetts · Mar 18, 1998

As described below, in its proposed form of judgment, the ABCC for the first time has suggested that a portion of the regulations should be severed from those that' are clearly invalid under this court’s ruling and should … Rather, the 1985 Opinion of the Attorney General addressing the then proposed regulations clearly indicates that the requirement that price lists be filed was primarily intended to implement the statutory requirement that

Houle v. LaFlamme

District Court, D. Massachusetts · Aug 24, 2021

The officers assert that they are entitled to qualified immunity. Defs’ Mem. 14 [#14]. … They argue further that any constitutional right was not “clearly established” and that their actions are therefore protected under to qualified immunity. Id. at 14; see Morelli v.

United States v. Carta

620 F. Supp. 2d 210 · District Court, D. Massachusetts · Jun 4, 2009

Hebephilia Diagnosis Not Clearly Supported by DSM-IV-TR The first obstacle the Government faces in establishing that hebephilia is a valid diagnosis is that the term is not found in the DSM-IV-TR. 146 The DSM-IV-TR “is a … Similarly problematic is determining what age range qualifies as adolescence.

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.

Zimmermann v. Cambridge Credit Counseling Corp.

529 F. Supp. 2d 254 · District Court, D. Massachusetts · Jan 7, 2008

Consumerinfo.com, Inc., 436 F.Supp.2d 1220, 1230-31 (N.D.Ala.2005) (holding that company offering only credit monitoring services could qualify as CRO where its advertisements offered the opportunity to “establish” or “rebuild … Once it is established that CCCC, BCMC, CBBPC, and BC Mass do qualify as “credit repair organizations,” their violations of the specific statutory requirements of CROA are clear.

Darul-Islam v. Dubois

997 F. Supp. 176 · District Court, D. Massachusetts · Mar 10, 1998

Note that, although officials sued in their individual capacity may claim absolute or qualified immunity as a defense, “[t]he state’s choice to indemnify the officer would not convert the suit from individual to official … Construing the Complaint in a light most favorable to Plaintiff and taking his allegations as true, Plaintiff has not established that Defendants had any involvement in the treatment decisions alleged in the Complaint.

Becky's Broncos, LLC v. Town of Nantucket

District Court, D. Massachusetts · Jul 12, 2024

Because municipalities are not sovereign entities, however, they do not automatically qualify for state action immunity under the Sherman Act. Rectrix Aerodome Ctrs., Inc. v. Barnstable Mun. Airport Comm’n, 534 F. … State-action immunity only applies “to the activities of local governmental entities if they are undertaken pursuant to a ‘clearly articulated and affirmatively expressed’ state policy to displace competition.”

Axelrod v. Phillips Academy

74 F. Supp. 2d 106 · District Court, D. Massachusetts · Nov 18, 1999

Since the plaintiffs specifically sought both equitable and legal relief in their complaint, they are clearly entitled to a trial jury on their legal claims for damages. See Lytle v. … DISPUTE OF MATERIAL FACTS Phillips Academy’s motion for summary judgment is also denied because it has failed to establish that no genuine issue of material facts exists.

Alves v. Murphy

530 F. Supp. 2d 381 · District Court, D. Massachusetts · Jan 14, 2008

Hampshire County, 307 F.3d 1, 8 (1st Cir.2002) (stating, in the context of pre-trial detention, that “a reasonable response clearly defeats the claim of constitutional violation”); cf. also Aguilar v. … Because the Court concludes that Alves has not alleged a constitutional violation, the Court does not reach the defendants’ qualified immunity argument. 8 .

Bumps v. Trasavage

District Court, D. Massachusetts · Mar 6, 2020

Officials only lose the protection of qualified immunity where they both violated the plaintiff’s constitutional rights and the abridged right was “clearly established” at the time of the violation. Gray v. … DeAngelo are protected by qualified immunity.

Walker v. McGrath

District Court, D. Massachusetts · May 2, 2018

Even when an individual’s rights have been violated, a police officer may nonetheless be entitled to qualified immunity. … “The doctrine of qualified immunity protects government officials ‘from liability for certain damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Hayes v. Town of Dalton

District Court, D. Massachusetts · Mar 25, 2025

Although Speth has invoked his right to qualified immunity, the court resolves Plaintiff’s equal protection claim without reaching the qualified immunity question because, based on the undisputed facts, no reasonable jury … While it is “clearly establishe[d] that the state does not have a constitutional duty to protect its citizens from private violence,” Soto v. Flores, 103 F.3d 1056, 1063 (1st Cir. 1997) (citing DeShaney v.

Banerjee v. Board of Trustees of Smith College

495 F. Supp. 1148 · District Court, D. Massachusetts · Jun 30, 1980

In McDonnell Douglas the Supreme Court indicated that a Title VII plaintiff could establish a prima facie case of racial discrimination by showing: (i) that he belongs to a racial minority; (ii) that he applied and was qualified … the requirements for establishing a violation of Title VII.

Sosa v. Massachusetts Department of Correction

District Court, D. Massachusetts · Mar 30, 2024

DOC Defendants The DOC Defendants also move for summary judgment on Count I, asserting a defense of qualified immunity. … if so, 2) whether that right was clearly established at the relevant time.

Lapine v. Town of Wellesley

167 F. Supp. 2d 132 · District Court, D. Massachusetts · Apr 26, 2001

Similarly, the Town did not establish that Lapine is not qualified to fulfill the duties of being a police officer. … Although this was a closer question than the issue of whether it is unreasonable or impossible for the Town to reinstate Lapine, I find that the evidence established that Lapine is still qualified to be a police officer.

Magalhaes v. Napolitano

941 F. Supp. 2d 150 · District Court, D. Massachusetts · Mar 8, 2013

Before filing a petition with US-CIS to classify an alien as an employment-based immigrant to perform skilled labor, an employer must obtain certification from the Department of Labor (“DOL”) stating that there are no qualified … Omni Video Games, Inc., 668 F.2d 70, 72 (1st Cir.1981) (finding that the word “may” in a copyright statute establishes “a discretionary power”).

State Street Bank & Trust Co. v. United States

207 F. Supp. 955 · District Court, D. Massachusetts · Jun 12, 1962

The words “support” and “maintenance” under the law of Massachusetts and according to decisions in this Circuit must clearly be held to provide a fixed standard under which the value of the charitable remainder is ascertainable … Furthermore, the testator qualified “requirement” by the word “reasonable.” “Needs” or “necessities,” to qualify as fixed standards in the context of these cases, are absolutes. See Lincoln v.

Deitrick v. Greaney

23 F. Supp. 758 · District Court, D. Massachusetts · Jun 16, 1938

In all his actions Karnow shows clearly that the registration of the stock in his name was never intended to be a purchase by him .of the stock, but was only for the accommodation of the bank. … Greaney cannot establish his immunity from liability on this note by a claim that he stands on an equal footing with Karnow. See Lyons v. Westwater, 3 Cir., 181 F. 681 ; Westwater v. Lyons, 3 Cir., 193 F. 817 .

In Re Relafen Antitrust Litigation

360 F. Supp. 2d 166 · District Court, D. Massachusetts · Feb 22, 2005

that an antitrust defendant is “entitled to Noerr immunity.” Id. at 63, 113 S.Ct. 1920 . … Farey-Jones, 359 F.3d 1066, 1079 (9th Cir.2004), *183 Judge Lindsay’s findings were not clearly and convincingly of this sort.