Case law

Bearce v. Morton Hospital A Steward Family Hospital, Inc.

District Court, D. Massachusetts · Dec 20, 2022

The statute provides immunity to “[p]hysicians, qualified advanced practice registered nurses, qualified psychologists, qualified psychiatric nurse mental health clinical specialists, police officers and licensed … Any immunity under the statute, however, is qualified immunity as it only applies if the party “act[ed] in accordance with this chapter.” Mass. Gen. L. c. 123, § 22; see Hopper v.

Santana v. Deluxe Corp.

920 F. Supp. 249 · District Court, D. Massachusetts · Mar 12, 1996

In addition to benefits under the Plan, Santana’s disability also qualified him for Social Security benefits. … Clearly, in addition to claims processing services, John Hancock does provide extensive plan design services to the Plan.

NAACP v. Harris

567 F. Supp. 637 · District Court, D. Massachusetts · Apr 27, 1983

The NAACP clearly qualifies under (b), see NAACP v. Button, supra, and where *640 only declaratory and injunctive relief are sought, it qualifies under (c). Mr. … While specific standards are lacking, clearly Title VIII requires effective fair housing enforcement.

Western Sea Fishing Co., Inc. v. Locke

722 F. Supp. 2d 126 · District Court, D. Massachusetts · Jul 13, 2010

The Plan established] Total Allowable Catches (TACs) for each of four management areas as the primary control on fishing mortality.... … The parties did not articulate clearly how the qualification restriction is different from the permit-splitting ban to ensure that neither provision is superfluous.

In Re SMITH & WESSON HOLDING CORP. SEC. LITIG

604 F. Supp. 2d 332 · District Court, D. Massachusetts · Mar 26, 2009

The Company cautions that these statements are qualified by important factors that could cause actual results to differ materially from those reflected by such forward-looking statements. … Plaintiffs must establish that Defendants acted with “conscious intent to defraud” or a “high degree of recklessness.” Id. at 58 (citation omitted).

Acadia Healthcare Company, Inc. v. City of Fitchburg

District Court, D. Massachusetts · Sep 30, 2025

In reading Title II, the First Circuit has said that to state an actionable reasonable accommodation claim, a plaintiff must establish “(1) that he is a qualified individual with a disability; (2) that he was either excluded … Plaintiffs’ attempt to establish municipal custom fares no better.

Attanasio v. Division of Compliance, Office of Health Maintenance Organizations of the U.S. Department of Health & Human Services

728 F. Supp. 812 · District Court, D. Massachusetts · Jan 16, 1990

First, the Act was designed “to provide assistance and encouragement for the establishment and expansion of health maintenance organizations_” S.Rep. No. 129, 93rd Cong., 1st Sess., reprinted in 1973 U.S. … In passing the Act, Congress clearly hoped that HMOs would assume a larger and more important role in providing health care to the nation.

Stefan v. Laurenitis

695 F. Supp. 1330 · District Court, D. Massachusetts · Sep 29, 1988

These allegations clearly transgress the limits of properly aired grievances to inappropriate conduct. 8 In any event, Stefan was given an initial opportunity to address the Board, yet abused this privilege and consequently … For some unknown reason, defendants never timely moved for summary judgment alleging an absence of factual support for the complaint, a good faith defense, or absolute or qualified immunity.

Armsden v. Cataldo

315 F. Supp. 129 · District Court, D. Massachusetts · Jun 22, 1970

Houghton clearly involved a situation where the state remedy was inadequate and illusory. Damico simply restated Monroe and McNeese without discussion or analysis. … be eminently more qualified than members of the judiciary.

Metivier v. Town of Grafton

148 F. Supp. 2d 98 · District Court, D. Massachusetts · Jun 20, 2001

Furthermore, the last sentence of Section 7-8 of the Town Charter clearly indicates that a person who has been appointed to a fixed term does not have a right to a hearing when that person is not reappointed. 1 The two statutory … From the commencement of her holdover “term”, all parties understood that her employment would end as soon as her successor was qualified.

Courtemanche v. Motorola Solutions, Inc.

District Court, D. Massachusetts · Mar 28, 2025

Qualified Immunity Does Not Bar Plaintiffs’ Claim As a final line of defense, Defendant Noble raises that, even if this Court were to find Plaintiffs have stated a claim under Section 1983, the doctrine of qualified … Nov. 15, 2013) (“To the extent the defendants are seeking a ruling on the merits on their qualified immunity defense, their request is premature.”).

Whalen v. Ribicoff

197 F. Supp. 1 · District Court, D. Massachusetts · Aug 25, 1961

The claimant’s proof that he is not qualified to engage in any substantial gainful activity is not adequately countered by the Administration’s suggestions of possible employment. … argues that, “although the human bite sustained by the plaintiff on his left hand was undoubtedly serious and although flexion deformities eventually appeared in the four fingers of the plaintiff’s left hand, the record clearly

Garcia-Tatupu v. Bert Bell/Peter Rozelle NFL Player Retirement Plan

249 F. Supp. 3d 570 · District Court, D. Massachusetts · Apr 18, 2017

For a domestic relations order to be considered a QDRO certain requirements must be met: the order must (1) clearly set out certain facts (name, last known address of participant and alternate payee, amount/percentage of … Establishing such an interest need not take the form of a QDRO, a suitable divorce decree that establishes rights to pension benefits is enough when it creates the right to go back to obtain an order that meets the criteria

Wessmann v. Boston School Committee

996 F. Supp. 120 · District Court, D. Massachusetts · May 28, 1998

Striving for diversity in a secondary school setting does not require the establishment of quotas, nor does it justify the admission of unqualified applicants. … When they first began, they weren’t for everybody, but, clearly, as the 20th century has progressed, they’ve become the schools for everybody.

Gil v. VORTEX, LLC

697 F. Supp. 2d 234 · District Court, D. Massachusetts · Mar 25, 2010

a disability — then the individual will qualify for protection under the Act. 154 Cong. … While Gil has the ultimate burden of showing that he was a “qualified” employee, Amego, 110 F.3d at 144 , his burden at this stage of the pleadings is simply to make out a prima facie case that he is qualified, which he has

Andujar v. IPC International Corp.

583 F. Supp. 2d 213 · District Court, D. Massachusetts · Oct 15, 2008

IPC asserts that it is entitled to summary judgment because 1) Andujar cannot establish that he is disabled or a “qualified individual” within the meaning of the ADA, 2) the accommodation that Andujar suggests should have … Qualified Individual IPC also asserts that it is entitled to summary judgment because Andu-jar is not a “qualified individual” under the ADA.

Sanders v. Arsenault

District Court, D. Massachusetts · Mar 16, 2021

Qualified Immunity The correction officers argue that, even if Sanders’ constitutional rights were violated, they are entitled to qualified immunity. … Courts evaluate claims for qualified immunity under a two-part test: “(1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right; and (2) if so, whether the right was ‘clearly

McMahon v. Digital Equipment Corp.

998 F. Supp. 62 · District Court, D. Massachusetts · Mar 17, 1998

The plan in question here clearly was established by DEC in order to provide benefits in the event of a sickness, accident or disability. … qualify for benefits under the STD plan after September 8, 1992.

Pimentel v. City of Methuen

District Court, D. Massachusetts · Jun 26, 2018

Qualified Immunity Defendants further contend that Police Chief Solomon and the other individual defendants are entitled to qualified immunity. … 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

Enwonwu v. Chertoff

376 F. Supp. 2d 42 · District Court, D. Massachusetts · Jul 12, 2005

Id. at 95 (seeking judgment based on qualified immunity). … due process right under the state-created danger theory was not clearly established.