Case law

Purvis v. Commissioner of Correction

29 Mass. App. Ct. 190 · Massachusetts Appeals Court · Aug 28, 1990

With respect to the Department’s claim of qualified immunity, under the applicable standard in these circumstances the governmental officials would be “shielded from liability for civil damages” if, at the time of the challenged … actions, “their conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Miles Plumbing & Heating Co. v. City of Brockton

17 Mass. App. Ct. 33 · Massachusetts Appeals Court · Oct 27, 1983

For any fault in the plan of the system there would be immunity. … If it were open to the plaintiff to argue the matter at this stage, the present record would have to be found insufficient to establish “integration.”

Visnick v. Caulfield

73 Mass. App. Ct. 809 · Massachusetts Appeals Court · Mar 10, 2009

The privilege invoked by Caulfield is well established. … Ct. 360 , 361 n.3 (2007), “the denial of a pretrial motion predicated upon an absolute privilege, which provides immunity from suit, would also qualify under the doctrine of present execution.”

Amaral v. Seekonk Grand Prix Corp.

89 Mass. App. Ct. 1 · Massachusetts Appeals Court · Jan 14, 2016

"The standard of review of a grant of summary judgment is whether, viewing the evidence in the light most favorable to the nonmoving party, all material facts have been established and the moving party is entitled to … Grand Prix could fully anticipate that a parent accompanying minor children and paying a fee on their behalf would qualify as a paying customer under the statute.

EDWARD G. WRIGHT v. DEPARTMENT OF CORRECTION & Others.

Massachusetts Appeals Court · Jun 10, 2026

"Government officials are entitled to qualified immunity from § 1983 claims for damages if 'their conduct does not violate clearly established statutory or constitutional rights 3 Wright did not appeal from the dismissal … Without evidence to show that the defendants violated a clearly established constitutional right of which a reasonable correction officer would have been aware, the defendants are entitled to qualified immunity on Wright's

McCarthy v. City of Waltham

76 Mass. App. Ct. 554 · Massachusetts Appeals Court · Apr 9, 2010

by the evidence; the immunity of § 10(a) was not so clearly established, as matter of law, that the city’s motion for a directed verdict should have been allowed on this basis. … By not instructing the jury on § 10(a) immunity, the judge erroneously removed it from the jury’s consideration; the facts were not clearly established in the evidence either way, and the jury were entitled to analyze the

Luz v. Commissioner of Correction

45 Mass. App. Ct. 913 · Massachusetts Appeals Court · Aug 13, 1998

were protected by a qualified immunity. … L. c. 127, § 149, in this case was not clearly established and required thoughtful interpretation by the Superior Court judge (the second one) who considered that aspect of the case.

Commonwealth v. Kindell

44 Mass. App. Ct. 200 · Massachusetts Appeals Court · Jan 26, 1998

It will be recalled that in cross-examining Clark, counsel for Kindell sought to establish that Clark harbored some ill will toward Kindell. … Instructions on immunized witness. Rice had testified under a grant of immunity. See G. L. c. 233, §§ 20C-20I.

Henderson v. Commissioners of Barnstable

49 Mass. App. Ct. 455 · Massachusetts Appeals Court · Jun 20, 2000

. § 1983 , and denying the latters’ claims of qualified immunity. … . § 1983 , unless their conduct violates “clearly established” constitutional rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). Anderson v.

Tarzia v. Town of Hingham

35 Mass. App. Ct. 506 · Massachusetts Appeals Court · Nov 22, 1993

of different methods of silt and vegetation removal, the effect of using the control gates presently in place or installing new ones, the impact of removal procedures on surrounding areas, the choice of the company most qualified … Here the pond whose overflow clearly contributed to the flooding of the plaintiffs’ land was artificially dammed at its northerly side and had control gates and sluices. 10 The town’s *512 land was not in its natural condition

George MacKie v. Katrin Rouse-Weir.

Massachusetts Appeals Court · Jul 31, 2023

, or, alternatively, qualified immunity because Mackie had not "plausibly alleged facts that Dr. … In the alternative, the defendant argues that she is entitled to qualified immunity.

Commonwealth v. Wooden

70 Mass. App. Ct. 185 · Massachusetts Appeals Court · Sep 20, 2007

Defense counsel, however, did not clearly raise this issue at the hearing. … Doherty, supra at 345 (permissible to deny immunity if proffered statement not clearly exculpatory).

CRAIG HARRISON & another v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

101 Mass. App. Ct. 659 · Massachusetts Appeals Court · Sep 13, 2022

it clearly knew how to do so. … The Jancey court concluded that "[m]unicipal employees can clearly sue their employer under the provisions of MEPA [the Massachusetts Equal Pay Act, G.

Anderson v. City of Gloucester

75 Mass. App. Ct. 429 · Massachusetts Appeals Court · Oct 15, 2009

L. c. 258, § 4, the plaintiff stated that “a police officer relying on hair color to identify people involved in a significant house fire was unreliable and clearly negligent. . . . … But § 10(/) does not provide immunity for success. Indeed, no immunity is needed for acts that succeed, and § 10(/) provides the immunity the Legislature thought necessary for acts that fail.

Bryant v. Demoura

111 N.E.3d 1112 · Massachusetts Appeals Court · Oct 9, 2018

Finally, even assuming, arguendo, that the defendants' violated the plaintiff's constitutional rights, they are entitled to qualified immunity because the rights the plaintiff claims were not so clearly established that reasonable

NATASHA M. BAPTISTA, individually and as personal representative v. BRISTOL COUNTY SHERIFF'S DEPARTMENT (and a companion case ).

100 Mass. App. Ct. 841 · Massachusetts Appeals Court · Apr 15, 2022

from liability, based primarily upon immunities established in the Massachusetts Tort Claims Act (MTCA), G. … The doors to the holding cells are glass, and one can see clearly into the cells from this area. The video shows that Deschenes entered the holding area first.

Dolan v. Von Zweck

19 Mass. App. Ct. 1032 · Massachusetts Appeals Court · Apr 26, 1985

Von Zweck’s letter in the material before the trial judge, which clearly had relation to the child custody proceeding, was that of a psychiatrist, consulted by Dolan’s attorney. … The immunity rule rests upon policy considerations, which obviously should be applied to permit the utmost freedom of testimony in the important area of child custody disputes.

Roketenetz v. Woburn Daily Times, Inc.

1 Mass. App. Ct. 156 · Massachusetts Appeals Court · Mar 14, 1973

S. 29 , thus established a qualified constitutional privilege to publish false and defamatory material about matters of public concern. It adopted the view of the Kansas Court in Coleman v. … The publication in this case clearly comes within the constitutional privilege.

JOAO DEPINA v. WORCESTER COUNTY DISTRICT ATTORNEY'S OFFICE & Others.

Massachusetts Appeals Court · Jan 31, 2025

A judge allowed the defendants' motions to dismiss each of these claims based on absolute and qualified immunity. … Thus, Rollins was entitled to absolute prosecutorial immunity and the claims against her were properly dismissed. 3. Williams's qualified immunity.

Adoption of Keefe

49 Mass. App. Ct. 818 · Massachusetts Appeals Court · Aug 10, 2000

The profile evidence was “clearly inadmissible, and, in other circumstances, might be deemed sufficiently prejudicial to require reversal. … Such testimony is less than highly probative, and the judge was not clearly wrong in rejecting that testimony.