Case law

Mulford v. Mangano

418 Mass. 407 · Massachusetts Supreme Judicial Court · Jul 19, 1994

First we state that the coemployee immunity rule under G. … The point was presented less clearly in the plaintiffs original appellate brief. The Appeals Court opinion does not analyze the point but cor *410 rectly applies the rule we now expressly recognize. See Mulford v.

Smith v. Massimiano

414 Mass. 81 · Massachusetts Supreme Judicial Court · Jan 4, 1993

On the question whether the defendants were entitled to qualified immunity from suit pursuant to 42 U.S.C. § 1983 (1988) and G. … [p] laintiff s rights; 2) the right he seeks to vindicate was clearly established such that the [defendants knew or should have known of it at the time of the alleged wrong; and 3) *85 that the [defendants were acting in

Oliver v. Mills

93 Mass. 268 · Massachusetts Supreme Judicial Court · Nov 15, 1865

It is clearly, therefore, a tax or excise on the income or dividends of stockholders only, and is not intended to be a corporate charge. … By exempting its own citizens from a tax or excise to which citizens of other states were subject, the former would enjoy an immunity of which the latter would be deprived.

Bellin v. Kelley

435 Mass. 261 · Massachusetts Supreme Judicial Court · Oct 11, 2001

For access under clause (c), the criminal history systems board (established by G. … Stewart, 422 Mass. 385, 389 (1996) (admissibility of polygraph evidence could be established if there were evidence of its reliability).

Lopez v. Commonwealth

463 Mass. 696 · Massachusetts Supreme Judicial Court · Nov 9, 2012

In previous cases considering waiver of sovereign immunity under G. … L. c. 151B waives sovereign immunity).

Mussey v. Bulfinch Street Society

55 Mass. 148 · Massachusetts Supreme Judicial Court · Mar 15, 1848

We are therefore clearly of opinion, that the society had the right to tax the pews; and this right, although not expressly given, is conferred by necessary implication. … Whereas they have clearly the right to let or sell the pews, on the condition that the lessee or grantee shall pay a certain sum yearly, or to pay taxes if lawfully assessed.

Dalli v. Board of Education

358 Mass. 753 · Massachusetts Supreme Judicial Court · Mar 2, 1971

The first and second paragraphs, containing the general immunization requirement and the medical exemption, are clearly independent and separable from the third. … They will therefore remain unaffected under established principles. Commonwealth v. Petranich, 183 Mass. 217, 220 . Krupp v. Building Commr. of Newton, 325 Mass. 686, 691-692 , and cases cited.

Fedele v. School Committee of Westwood

412 Mass. 110 · Massachusetts Supreme Judicial Court · Mar 2, 1992

immunity, a ground the defendants did not raise below. … We need not consider the issue of qualified immunity because the judgment in. the defendants’ favor on this claim can clearly be upheld on' the basis discussed in the text of this opinion.

Greenwood v. Town of Easton

444 Mass. 467 · Massachusetts Supreme Judicial Court · Jun 10, 2005

L. c. 258, § 10 (b), if the town’s conduct qualifies as a discretionary function. Although Whitney v. … Ware, 392 Mass. 745, 753 (1984) (no immunity where police officer failed to remove intoxicated motorist from roadway in accordance with established statutory provisions); Whitney v.

Graham v. Roberts

200 Mass. 152 · Massachusetts Supreme Judicial Court · Nov 12, 1908

, but, if established, what the provisions of the charter should be.” … him to be of good moral character and qualified to perform the duties of the office. “ 6.

Johnson v. Summers

411 Mass. 82 · Massachusetts Supreme Judicial Court · Sep 4, 1991

The defendants claim that they were improperly denied the qualified immunity available to § 1983 defendants. … Concerns of that type have been addressed by the recognition of qualified immunity for such personnel (see Anderson v.

Tyree v. Keane

400 Mass. 1 · Massachusetts Supreme Judicial Court · May 14, 1987

Fitzgerald, supra at 815 , the Supreme Court defined the objective reasonableness standard underlying the qualified immunity principle and stated that a claim for qualified immunity “would be defeated if an official ‘knew … immunity.”

Doe v. Commissioner of Transitional Assistance

437 Mass. 521 · Massachusetts Supreme Judicial Court · Aug 15, 2002

, qualified aliens. … In contrast, the Massachusetts statute establishes a program open only to aliens, imposes a residency requirement on all who are qualified to apply for its benefits, and does not harm aliens by barring them from the benefits

Carey v. New England Organ Bank

446 Mass. 270 · Massachusetts Supreme Judicial Court · Mar 15, 2006

L. c. 113, § 13 (c), provided them with immunity. … Where a defendant seeks summary judgment on grounds of qualified immunity in the analogous and more fully developed area of “good faith” governmental immunity, see 42 U.S.C. § 1983 (2000), the burden of providing evidence

Williams v. Steward Health Care Sys., LLC

480 Mass. 286 · Massachusetts Supreme Judicial Court · Aug 14, 2018

Consistent with its view of medical and legal standards, the Legislature left such determinations to qualified mental health professionals. … The Restatement continues, "well-established custodial relationships include hospitals for the mentally ill." Id .

Hill v. Selectmen of Easthampton

140 Mass. 381 · Massachusetts Supreme Judicial Court · Jan 5, 1886

The Constitution, c. 2, art. 3, provides that the qualified voters within the several towns in the Commonwealth shall vote for Governor in town meeting in presence of the selectmen and town clerk. … We think that the town of -Easthampton is the same corporate municipality which was established in 1785; and that by its “ incorporation ” the Legislature intended the act which was the commencement of its corporate existence

Morash & Sons, Inc. v. Commonwealth

363 Mass. 612 · Massachusetts Supreme Judicial Court · May 14, 1973

has again been established by exceptions. … The inverted rule here creates an immunity, and establishes liability by exceptions.

Larcom v. Olin

160 Mass. 102 · Massachusetts Supreme Judicial Court · Nov 10, 1893

, but, if established, what the provisions of the charter should be. … There are two petitions, one for mandamus, and one for an injunction, signed by more than twenty inhabitants, taxpayers and qualified voters, of the town of Beverly.

A.L. v. Commonwealth

402 Mass. 234 · Massachusetts Supreme Judicial Court · Apr 21, 1988

The statute governing the duties of probation officers clearly establishes a relationship between the court and the probation officer whereby the probation officer is required to fulfil his or her obligations pursuant to … We also noted that court clerks “enjoy a qualified immunity from suit and are absolutely immune for their conduct when acting at a judge’s direction.” Id. at 133 .

Moore v. Election Commissioners

309 Mass. 303 · Massachusetts Supreme Judicial Court · Jun 23, 1941

to give or withhold their consent to the establishment of the new municipal government. … Each duly qualified voter has the same right to mark and cast his ballot as every other duly qualified voter.