Case law

Chiao-Yun Ku v. Town of Framingham

62 Mass. App. Ct. 271 · Massachusetts Appeals Court · Oct 18, 2004

The motion judge correctly ruled that despite his independent contractor status, “Drake was clearly acting within the scope of his employment” and “on behalf of the public employer.” The question is close. … “The immunities provided by [G.

Stahr v. Lincoln Sudbury Regional High School District

93 Mass. App. Ct. 243 · Massachusetts Appeals Court · May 18, 2018

Governmental Immunity. School and School Committee, Athletic coach, Liability for tort. Negligence, School, Governmental immunity. Words, "Intervention." … See id. at 41-42 (students 6 Even if we consider this theory of liability, the act of allowing an untrained volunteer coach to direct and supervise the drill in which Alexandra was injured would not qualify as the "

McAndrew v. School Committee of Cambridge

20 Mass. App. Ct. 356 · Massachusetts Appeals Court · Jul 11, 1985

contrary, in the pressing circumstances of the last days of August, 1980, the directors as agents of the defendants were well within their duties in doing what they could to obtain, subject to the necessary approvals, the most qualified … L. c. 71, § 38, were not applied to substitute teachers related to “day to day” substitutes and not to “extended term substitutes.” 6 “The separate reasons why the rule of immunity was established for the municipality, on

Wolff v. Wolff

110 N.E.3d 1218 · Massachusetts Appeals Court · Aug 8, 2018

to pass a physical exam or qualify for new insurance" coverage "due to his health conditions." … Moreover, the judge's finding that the husband was unable to qualify for life insurance was based on her assessment of his credibility -- a finding that "is close to immune from reversal on appeal except on the most compelling

ROBERT JAMES O'BRIEN v. KIRK RUSSELL & Others.

Massachusetts Appeals Court · Aug 14, 2024

In ruling on the motion, the judge concluded that Russell and Dwelly were entitled to qualified immunity. … O'Brien first claims that the judge erred by concluding that Russell and Dwelly were entitled to qualified immunity.

Asiala v. City of Fitchburg

24 Mass. App. Ct. 13 · Massachusetts Appeals Court · Apr 3, 1987

Decades before the enactment of the Act, it was well established that a municipality was not immune from liability if it created or maintained a private nuisance on its land which caused injury to the real property of another … Therefore, when the Legislature abolished the doctrine of governmental immunity by enacting the Act, it was not necessary to abolish immunity with respect to private nuisance claims.

Weston Forest & Trail Ass'n v. Fishman

66 Mass. App. Ct. 654 · Massachusetts Appeals Court · Jun 30, 2006

L. c. 184, §§ 31-33, the Legislature recognized, and sought to protect, the public benefits of conserving land and water in their “natural, scenic or open condition” by government bodies and qualified charitable corporations … In particular, Fishman’s estoppel and loches claims are not frivolous because the case law does not clearly establish that a private entity such as the WFTA is immune from such claims.

EDWARD G. WRIGHT v. THOMAS TURCO, THIRD, & Others (And a Companion Case).

Massachusetts Appeals Court · Nov 27, 2024

The defendants asserted, and the judge agreed, that they have qualified immunity to civil rights liability in this case because there was no clearly established law providing that photocopies of nonprivileged incoming … A determination of qualified immunity entails a two-part inquiry.

Bailey v. Town of Bourne

38 Mass. App. Ct. 70 · Massachusetts Appeals Court · Jan 26, 1995

Some of the Federal decisions permitting suit against the government rely on local law that does not clearly distinguish — as does Elias v. … To permit a party to ignore that immunity by making and releasing a claim against the employee and then to bring suit against the public employer rewards the complainant for not honoring the immunity established by the statute

Oeschger v. Fitzgerald

2 Mass. App. Ct. 472 · Massachusetts Appeals Court · Jul 29, 1974

The immunity of the city implies immunity of its school department. See, e.g. Morash & Sons, Inc. v. Commonwealth, supra, at 620 . … The failure to provide safe equipment and the failure to warn are clearly “omission [s] of . . . act[s] which a person ought to do.” Trum v.

Commonwealth v. Doyle

5 Mass. App. Ct. 544 · Massachusetts Appeals Court · Jul 25, 1977

Wallace, 369 Mass. 876 (1976), established that a district attorney alone does not have the authority to grant immunity and thus the witness Canavan was not protected from prosecution. … Whether the defendant was planning to obtain a divorce was clearly collateral to the issue which was the subject matter of the trial.

Zisk v. Quincy Hospital

64 Mass. App. Ct. 517 · Massachusetts Appeals Court · Sep 14, 2005

. §§ 11101 et seq. (1995), granted qualified immunity to health care entities and physicians who participate in professional peer review processes. … “On its face, [ 42 U.S.C. § 11111 (a)(1)] does not explicitly establish immunity from suit,” but from liability for damages only. Bryan v. James E. Holmes Regional Med.

Barrows v. Wareham Fire District

82 Mass. App. Ct. 623 · Massachusetts Appeals Court · Oct 12, 2012

Martin’s statements were made in his official capacity as superintendent of the water department, and the public clearly had an interest in both the issues being investigated and the content of the allegations made by Martin … Finally, Parola’s affidavit, which stated that in the summer of 2002 Martin told her, “I am going to make it my mission to get rid of Kevin Barrows”’ does not establish that Martin was acting in bad faith and with malice

Massachusetts Electric Co. v. Pacific National Investment Corp.

9 Mass. App. Ct. 752 · Massachusetts Appeals Court · May 19, 1980

The judge’s subsidiary findings of fact will not be set aside unless they are found to be clearly erroneous. Mass.R. Giv.P. 52(a), 365 Mass. 816 -817 (1974). … On the evidence, the judge properly rejected the plaintiff’s argument that “Pacific’s acting as nominee . . . bears upon unjust enrichment and corporate immunity . . . and ... is a basis for finding fraud.”

Baptiste v. Executive Office of Health & Human Services

Massachusetts Appeals Court · Feb 28, 2020

Civil Rights, Supervisory liability, Immunity of public official. Massachusetts Tort Claims Act. Governmental Immunity. Commonwealth, Claim against, Liability for tort. … Castillo-Rodríguez, 23 F.3d 576, 581-582 (1st Cir. 1994) (to establish supervisory liability, plaintiff must first show underlying constitutional violation).

Commonwealth v. Marcus M., a juvenile

Massachusetts Appeals Court · Jul 27, 2017

immunity for the medical use of  6 were entitled to immunity for the medical use of marijuana, the judge could properly sentence the defendant for violations … Nor was the defendant a qualifying patient entitled to immunity under the act when he violated the conditions of his probation by using marijuana prior to acquiring the certificate."

Fabrizio v. City of Quincy

9 Mass. App. Ct. 733 · Massachusetts Appeals Court · May 15, 1980

Under that formulation the vague or ambiguous complaint tends to be immune from dismissal under rule 12 (see, e.g., Balsavich v. Local 170, Intl. Brotherhood of Teamsters, 371 Mass. 283 , 287 [1976]; Dioguardi v. … Section 54 is one of a number of statutes the purpose of which is “to qualify a removal at pleasure, by requiring a record to be made of the cause.” O ’Dowd v. Boston, 149 Mass. 443, 446 (1889). See Ayers v.

Comins v. Sharkansky

38 Mass. App. Ct. 37 · Massachusetts Appeals Court · Jan 9, 1995

Quasi judicial immunity. … “There is a clearly recognized distinction between the arbitration of a controversy and a contract one term of which calls for the ascertainment by designated persons of values, quantities, losses or similar facts.”

Cook v. Hanover Insurance

32 Mass. App. Ct. 555 · Massachusetts Appeals Court · May 22, 1992

Lewis, 370 Mass. 619, 629-630 (1976) (abolishing the common law rule of interspousal immunity), and Feltch v. … We assume that statutes do not radically change the law unless the change is clearly expressed. See Ferullo’s Case, 331 Mass. 635, 637 (1954); Boston Lic. Bd. v. Boston, 17 Mass. App. Ct. 10, 21 (1983).

MacFadyen v. Maki

70 Mass. App. Ct. 618 · Massachusetts Appeals Court · Oct 31, 2007

for immunity.” … Centner, Tort Liability for Sports and Recreational Activities: Expanding Immunity for Protected Classes and Activities, 26 J. of Legislation 1, 18 (2000).