Case law

Passatempo v. McMenimen

458 Mass. 1007 · Massachusetts Supreme Judicial Court · Oct 14, 2010

The court did not expressly address the qualified immunity issue. Id. The defendant appealed. Id. On appeal, the Ninth Circuit did not reach the qualified immunity issue as to the first set of claims. 7 Id. at 303-304 . … He may, as we twice clearly indicated in McMenimen I, pursue the immunity issues as a matter of right in *1010 his direct appeal. Id. at 187 & 193 n.13, citing Littles, supra at 880 .

Dinsdale v. Commonwealth

424 Mass. 176 · Massachusetts Supreme Judicial Court · Feb 3, 1997

Government officials are normally protected only by a qualified immunity, and those officials seeking an absolute exemption from personal liability must show that public policy requires an immunity of that scope. … In Chicopee Lions Club, supra at 251, we established that the scope of prosecutorial immunity under G. L. c. 12 is “at least as broad as under § 1983.” See Rodriques v.

Hopper v. Callahan

408 Mass. 621 · Massachusetts Supreme Judicial Court · Nov 20, 1990

He rejected, however, the assertion of each defendant that he was entitled to qualified immunity from the remaining § 1983 claims, concluding that Hopper had constitutional rights that were clearly established at the time … For that reason, no defendant was entitled to qualified immunity from liability for the consequences of any violation of Hopper’s Federal civil rights that he may have caused. See Anderson v.

Temple v. Marlborough Division of the District Court Department

395 Mass. 117 · Massachusetts Supreme Judicial Court · Jun 10, 1985

Donaldson, 422 U.S. 563 (1975) (superintendent of State hospital has qualified immunity); Scheuer v. Rhodes, 416 U.S. 232 (1974) (Governor and other State executive officials have *130 qualified immunity); Pierson v. … Md. 1982) (State’s qualified immunity doctrine did not render State remedy inadequate under Parratf).

McNamara v. Honeyman

406 Mass. 43 · Massachusetts Supreme Judicial Court · Nov 13, 1989

It is silent as to gross negligence and hence, we conclude that a public employee is immune from a claim arising out of gross negligence because such a claim qualifies as a “negligent or wrongful act or omission” under § … or immunities secured by the Constitution or laws of the United States.

Maxwell v. AIG Domestic Claims, Inc.

460 Mass. 91 · Massachusetts Supreme Judicial Court · Jun 30, 2011

Under the statute, however, immunity is available, in “the absence of malice or bad faith.” Id. This is a form of qualified immunity. See Kobrin v. … Ct. 922, 923-924 (1988) (persons filing reports with board of podiatry enjoy qualified immunity and plaintiffs “hav[e] the burden of overcoming [statutory] immunity”).

Pereira v. Commissioner of Social Services

432 Mass. 251 · Massachusetts Supreme Judicial Court · Aug 9, 2000

immunity because the *253 constitutional right of free speech, he said, was “clearly established,” and a reasonable official “would have understood” that firing Pereira would viólate her constitutional rights. … To overcome a claim of qualified immunity, a plaintiff must show that the State official directly participated in violating a right of the plaintiff that is “clearly established.” See Anderson v.

LaChance v. Commissioner of Correction

475 Mass. 757 · Massachusetts Supreme Judicial Court · Oct 21, 2016

The judge concluded that the defense of qualified immunity would therefore be unavailable to the defendants if they directly participated in this violation of LaChance's clearly established rights. … See O'Malley, 415 Mass. at 142 (plaintiffs can overcome government officials' qualified immunity defense by showing that defendants directly participated in violating plaintiffs' clearly established rights).

Edwards v. Commonwealth

477 Mass. 254 · Massachusetts Supreme Judicial Court · Jun 8, 2017

Third, Edwards contends that Patrick's spite and ill will toward her establish actual malice. … Evidence of ill will or spite is insufficient, standing alone, to establish actual malice.

Longval v. Commissioner of Correction

404 Mass. 325 · Massachusetts Supreme Judicial Court · Mar 13, 1989

They advance as a reason the affirmative defense of qualified immunity, claiming that their actions were taken within areas assigned to their discretion and were not contrary to principles of constitutional law clearly established … The defendants were not entitled to summary judgment on their theory of qualified governmental immunity.

Kraft v. Police Commissioner of Boston

410 Mass. 155 · Massachusetts Supreme Judicial Court · May 15, 1991

The short and complete answer is that, assuming that qualified immunity is available with respect to violations of G. … established” by the language of § 4 (9A).

Babson v. Babson

374 Mass. 96 · Massachusetts Supreme Judicial Court · Dec 28, 1977

In the instant case, an immediate controversy has arisen with respect to Babson’s intent in establishing a marital deduction trust. … , the Commissioner is immune from suit in the courts of the Commonwealth and that he cannot be required to appear and answer to this action, (b) that he has not waived that immunity, and (c) that he does not intend to appear

LaLonde v. Eissner

405 Mass. 207 · Massachusetts Supreme Judicial Court · Jun 19, 1989

Eissner’s motion for summary judgment and have briefed and argued the issue that way here on appeal, we address the issue as presented. 6 The written record before the motion judge clearly supports this view. … Eissner’s court-appointed status entitles him to absolute immunity, we need not address the question whether Dr. Eissner is entitled to qualified immunity.

Cantell v. Commissioner of Correction

475 Mass. 745 · Massachusetts Supreme Judicial Court · Oct 21, 2016

. § 1983 (§ 1983), rejecting the defendants' argument that they were entitled to qualified immunity as a matter of law. LaChance I, supra. … As mentioned, LaChance I was an interlocutory appeal of a decision denying the defendants' claim of qualified immunity from liability for damages under § 1983.

Acevedo v. Musterfield Place, LLC

479 Mass. 705 · Massachusetts Supreme Judicial Court · Jun 8, 2018

The judge denied the motion, concluding that the act "clearly defines the scope of a public employer," and did not include controlled affiliates within that definition. … Worcester , 464 Mass. 261 , 266, 982 N.E.2d 516 (2013) ("The act was passed in 1978 in response to 'the Legislature's desire to abolish "sovereign immunity and the crazy quilt of exceptions to sovereign immunity ... which

Commonwealth v. Vargas

475 Mass. 86 · Massachusetts Supreme Judicial Court · Aug 3, 2016

In this appeal, we are asked to decide whether the medical marijuana law, St. 2012, c. 369 (act),2 establishing immunity for the medical use of marijuana, applies in a probation surrender proceeding based on the use of … Immunity.

Barrett v. Brooks Hospital, Inc.

338 Mass. 754 · Massachusetts Supreme Judicial Court · Apr 3, 1959

the defence of charitable immunity. … The doctrine of charitable immunity was rejected in President & Directors of Georgetown College v. Hughes, 130 F. 2d 810 (Ct. App. D. C.). 2 The plaintiff did not testify on the issue of charitable immunity. 1 R.

Bates v. Director of the Office of Campaign & Political Finance

436 Mass. 144 · Massachusetts Supreme Judicial Court · Feb 25, 2002

The certification process begins during a “[qualifying period.” … For the 2002 elections, the qualifying period for party-affiliated political candidates for Statewide office is August 1, 2001, to June 4, 2002; the qualifying period for unenrolled candidates for Statewide office is August

Massachusetts Council of Construction Employers, Inc. v. Mayor of Boston

384 Mass. 466 · Massachusetts Supreme Judicial Court · Aug 28, 1981

There seems little dispute that a qualified resident of the Commonwealth, if available, must be hired for any job covered by § 26. … Does the Executive Order, by establishing a residents’ preference, conflict with the privileges and immunities clause, the due process clause, the equal protection clause, the contract clause and the commerce clause of the

Barron v. Kolenda

Massachusetts Supreme Judicial Court · Mar 7, 2023

There is also no qualified immunity, as there is a clearly established State constitutional right under arts. 16 and 19 to object (and even to do so vigorously) to the violation of the law by government officials in a … Thus, there is no basis for qualified immunity. Conclusion.