Case law

West Street Group LLC v. Epro

564 F. Supp. 2d 84 · District Court, D. Massachusetts · Jul 10, 2008

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within, the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … To have a property interest in a benefit, such as an approval or endorsement by a town board, “a person clearly must have more than an abstract need or desire for it.

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.

Logan v. Gelb

52 F. Supp. 3d 122 · District Court, D. Massachusetts · Sep 25, 2014

This prong also reaches situations in which the state court “unreasonably extends clearly established legal principles to a new context where they should not apply[,] or ... unreasonably refuses to extend established principles … Accordingly, this Court has no basis for evaluating whether the Appeals Court employed a rule “contrary to” established Supreme Court law on this matter.

29 Greenwood, LLC v. City of Newton

District Court, D. Massachusetts · Apr 30, 2024

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 would have known … Here, the individual defendants are clearly entitled to qualified immunity.

Kingston v. McLaughlin

359 F. Supp. 25 · District Court, D. Massachusetts · Dec 19, 1972

Pensions are established by M.G.L.A. c. 32 § 65. … A state may not assert immunity to a suit for injunctive relief when it is a party to a contract covered by the contract clause. Davis v.

Farley v. Shaw's Supermarkets, Inc.

497 F. Supp. 2d 23 · District Court, D. Massachusetts · Jun 7, 2007

Both parties agree that the National Health and Welfare Fund provided for in the CBA qualifies as an “employee welfare benefit plan” under ERISA. … Rather, such payments were clearly associated with his regular weekly wages and were not contingent upon some future occurrence which would trigger their pay out.

Verax Biomedical Inc. v. American National Red Cross

District Court, D. Massachusetts · Jan 19, 2024

As noted above, one such “right” is immunity from antitrust suit. Sea-Land, 659 F.2d at 244. … Verax responds that it has “clearly and precisely defined the set of customers it lost, even if it did not name each one individually.”

Lamanque v. Massachusetts Department of Employment & Training

3 F. Supp. 2d 83 · District Court, D. Massachusetts · Feb 24, 1998

By its terms, Title I prohibits discrimination against “a qualified individual with a disability.” 42 U.S.C. § 12112 (a) “The ‘term qualified individual with a disability’ means an individual with a disability who, with or … To establish a cause of action under Mass. Gen.

United States v. Gautier

590 F. Supp. 2d 214 · District Court, D. Massachusetts · Dec 23, 2008

On that date, I also raised sua sponte the issue of whether the juvenile *221 offenses Gautier committed in 1998 were clearly separate predicates. … Because the government cannot establish that he pleaded to Prong (1) rather than to Prong (2) — as it must— it cannot look to this conviction for a qualifying violent felony.

Benner v. Demoura

District Court, D. Massachusetts · Mar 30, 2022

Qualified immunity protects “government officials performing discretionary functions” from “liability for civil damages insofar as their conduct does not violate ‘clearly established’ statutory or constitutional rights … the right was ‘clearly established’ at the time of the defendant’s alleged violation.”

Flipp v. Town of Rockland

613 F. Supp. 2d 141 · District Court, D. Massachusetts · Apr 30, 2009

Flipp claims she was qualified for the position and the only member of the municipal union to apply for it. By late May, 2007, the position was still vacant. … There, the court clearly states that it is applying the McDonnell Douglas framework but identifies the fourth factor as requiring that “the position remained open or was filled by a person with similar qualifications.”

United States v. Brown

322 F. Supp. 2d 101 · District Court, D. Massachusetts · Jun 25, 2004

Even assuming that Simmons should have qualified the assertion that the debt involved drugs, the most that can be said is that Simmons was negligent for failing to reference all of the reports, rather than relying solely … SO ORDERED. 1 .The affidavit also included inflammatory admissions made by Brown during the earlier drug trafficking investigation under terms of a use immunity agreement entered with the United States Attorney's Office..

Massachusetts School of Law at Andover, Inc. v. American Bar Ass'n

914 F. Supp. 688 · District Court, D. Massachusetts · Jan 18, 1996

However, those designations are not controlling in determining whether the case is one involving the denial of accreditation within the meaning of § 1099b(f), and even a cursory examination of the complaint clearly establishes … or may qualify as an eligible institution.”

Taylor Woodrow Blitman Construction Corp. v. Southfield Gardens Co.

534 F. Supp. 340 · District Court, D. Massachusetts · Feb 22, 1982

The court in that case found no jurisdiction because the suit was against the United States and it had not waived its immunity, and there was no res in HUD’s possession on which to base a recovery. … Plaintiff clearly could not rely on the first promise, since it concerned only laborers and mechanics and related to wage rates.

Lowry v. United States

958 F. Supp. 704 · District Court, D. Massachusetts · Feb 12, 1997

This Court has said that the Act, as an immunity statute, was subject to the strict construction rule. Hubsch v. … It is clearly one or the other and, being, (sic) so, the plaintiff is not limited in his recovery to the amount of his administrative claim. Alexander, 238 F.2d at 318 .

Chaney v. City of Framingham

District Court, D. Massachusetts · Dec 3, 2019

Defendants argue that they are entitled to qualified immunity. (#30 at 7.) … The court applies a three-step process when evaluating qualified immunity claims: first, whether the claimant has alleged a violation of a constitutional right; second, whether the right was clearly established at the

Cordell v. Howard

972 F. Supp. 2d 101 · District Court, D. Massachusetts · Sep 16, 2013

As described below, Cordell’s medical records establish that he was continuously monitored at FMC Devens and that his medications were adjusted as needed. … Howard cannot be sued in her official capacity or under a theory of respondeat superior (Docket No. 39 at 5 n. 5), that the defendants are entitled to qualified immunity (id. at 17 n. 10), that the complaint fails to state

Gamboa v. MetroPCS Massachusetts LLC

District Court, D. Massachusetts · Jan 11, 2018

Wal-Mart P.R., 440 F.3d 531, 533–34 (1st Cir. 2006), to determine whether the defendants have met their burden of establishing undisputed facts entitling them to summary judgment as a matter of law, see NEPSK, Inc. v. … Consequently, it appears from the record that the defendants also qualify for immunity under § 17B.

Murphy v. Commonwealth of Massachusetts, Executive Office of The Trial Court

District Court, D. Massachusetts · Sep 28, 2018

Post-Termination Process Following his termination, the Plaintiff immediately initiated the grievance process as established by the Collective Bargaining Agreement between the Trial Court and the Plaintiff … Congress has clearly not abrogated the Commonwealth’s immunity respect to these state law claims. Further, the Commonwealth has not waived its sovereign immunity either to tort claims or to claims under Mass. Gen.

United States v. Sliwa

109 F. Supp. 3d 360 · District Court, D. Massachusetts · Jun 10, 2015

The affidavit clearly establishes that Mr. Sliwa’s financial obligations are inconsistent with a individual declaring $60,000.00 annual income tax return. … Where, as here, the warrant sought business records, the information is timely because “[b]usiness records, as a class, are repositories of historical facts and, therefore, are largely immune from claims of staleness.”