Case law

Pellot v. Ilona Handicraft, Inc.

2 Mass. L. Rptr. 61 · Massachusetts Superior Court · Mar 21, 1994

Finally, Hanlon maintains that he is entitled to qualified immunity. … Hanlon’s Qualified Immunity Defense Hanlon asserts that even if plaintiff has submitted sufficient proof to present to a trier of fact, he is entitled to qualified immunity.

De Dios v. Massachusetts Executive Office of Environmental Affairs

23 Mass. L. Rptr. 565 · Massachusetts Superior Court · Feb 26, 2008

sovereign immunity. … Upon parsing the statute, two requirements emerge in order for an owner to qualify for immunity: (1) the owner must permit the public to use the land for recreational purposes, and (2) the owner must not impose a charge or

Derry v. Saint Vincent Hospital

12 Mass. L. Rptr. 631 · Massachusetts Superior Court · Jan 17, 2001

Saint Vincent’s present motion speaks solely to its alleged liability under EMTALA and more specifically whether it qualifies for tort immunity as a charitable organization such that any judgment against it for violation … Sec. 1395dd, the substantive qualify of the EMTALA civil action clearly sounds in tort.

Nelson v. Patnaude

29 Mass. L. Rptr. 264 · Massachusetts Superior Court · Dec 28, 2011

It is well established that §2 immunizes a public employee from liability for negligent conduct that occurs as a result of an act or omission undertaken within the scope of his public employment, whether the act is ordinarily … Even if the evidence established that Dr. Patnaude could have been more forceful in his recommendations, he clearly did not show such indifference to Nelson’s condition that the Eighth Amendment had been violated.

Soto v. City of Worcester

30 Mass. L. Rptr. 73 · Massachusetts Superior Court · Jun 5, 2012

Instead, the nonmoving party must respond with evidence of specific facts establishing the existence of a genuine dispute. Pederson, 404 Mass. at 17 . … The City Is Entitled to Qualified Immunity The Recreational Use Statute, G.L.c. 21, §17C, provides qualified immunity to landowners who allow their land to be used by the public for recreational purposes without charging

Barley v. Town of Auburn

19 Mass. L. Rptr. 73 · Massachusetts Superior Court · Feb 16, 2005

Both Heaberlin and Jacome involve fact patterns where the public employer clearly did not “originally cause” the “condition or situation” that ultimately caused harm. … Section 10(j), the Legislature’s own version of the public duty rule, establishes a broad range of immunity, but also recognizes three distinct exceptions.

Swartz v. Cartwright ex rel. Estate of Voorhees

15 Mass. L. Rptr. 261 · Massachusetts Superior Court · Jul 19, 2002

The establishment of the elements of a Qualified Patient Care Assessment Program pursuant to 243 CMR 3 .07, paragraph three, are hereby authorized. c. … “In the medical peer review context, the court must first determine whether the records for which the privilege is claimed are on their face such as clearly fall within the privilege ...

Johnson v. Queenan

12 Mass. L. Rptr. 461 · Massachusetts Superior Court · Oct 18, 2000

A qualified or conditional privilege, on the other hand, immunizes a defendant from liability unless he or she acted with actual malice, or unless there is ‘unnecessary, unreasonable or excessive publication,’ and the plaintiff … establishes that the defendant published the defamatory information recklessly.”

Commonwealth v. Thomas Mercado

Massachusetts Superior Court · Jul 7, 2023

Franklin qualifies as "newly discovered" for purposes of the present motion. … The jury clearly found these interlocking identifications to be credible, notwithstanding far more impeaching evidence that: all three eyewitnesses testified under a grant of immunity; Gomes was involved in dealing drugs,

Sokol v. Best

25 Mass. L. Rptr. 600 · Massachusetts Superior Court · Jun 3, 2009

It is firmly settled that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The issue of qualified immunity for Picariello and Peralta can be properly addressed by a motion for summary judgment. See Harlow, 457 U.S. at 818-19 .

Massachusetts Parole Board v. Waxman

1 Mass. L. Rptr. 161 · Massachusetts Superior Court · Sep 10, 1993

The attorney’s letter also questioned the board’s authority to provide any grant of qualified use immunity in these circumstances, 2 and the board’s authority to take disciplinary action against Maurice for his failure to … Maurice that you have no authority to grant such qualified immunity, and the statutes of the Commonwealth do not confer that power upon you.

G.R. ex rel. G.W. v. Johnson

6 Mass. L. Rptr. 4 · Massachusetts Superior Court · Sep 13, 1996

The Academy is owned and operated by Notre Dame Academy at Worcester, Inc., a charitable corporation which qualifies as tax exempt under 26 U.S.C. §501 (c) (3). … The immunity conferred by G.L.c. 231, §85K immunizes these defendants from liability for any negligent failure to adopt procedures to handle student complaints.

Grauds v. Fitzgerald

2 Mass. Supp. 349 · Massachusetts Superior Court · May 12, 1981

Additionally, the defendant asserts that although Chapter 258 abrogated to some extent the governmental immunity doctrine, the Legislature has left intact the well-established principle that the government is immune from … In effect, the Legislature has retained, for state and municipal government, a limited immunity from certain types of claims.

Dolan v. Bay Management Group, Inc.

4 Mass. L. Rptr. 657 · Massachusetts Superior Court · Feb 15, 1996

As to Dolan’s claims of immune system damage, the defendants’ argument is persuasive. … Dolan’s claims of immune system damage are therefore barred by the statute of limitations.

Gomez v. Paxton Municipal Light Department

20 Mass. L. Rptr. 551 · Massachusetts Superior Court · Jan 30, 2006

Additionally, the agreement clearly exempts from indemnification any issues that arise from the sole negligence of Paxton. Id. … Municipalities clearly have discretion in making decisions about budgeting and allocating funds.

Crowley v. Town of Orange

23 Mass. L. Rptr. 478 · Massachusetts Superior Court · Jan 29, 2008

If the moving party has carried its burden, and the plaintiff has not responded with specific facts to establish a genuine, triable issue, the court grants the motion for summary judgment. Cmty. Nat’l Bank v. … Upon parsing the statute, three requirements emerge in order for a lessor to qualify for immunity: (1) the lessor must lease the land to a nonprofit organization, (2) which will offer the land to the public for recreational

Lingis ex rel. Estate of Lingis v. Waisbren

20 Mass. L. Rptr. 439 · Massachusetts Superior Court · Jan 25, 2006

They were, therefore, allegedly immune from tort liability pursuant to c. 258, §2. … Here, a list of the Defendant’s acts that together established egregious professional negligence include: Naming the wrong parties in the complaint in the Original Action.

Reguera v. Leduc

20 Mass. L. Rptr. 4 · Massachusetts Superior Court · Aug 22, 2005

The moving party bears the burden of establishing the absence of a triable issue. Pedersen v. Time, Inc., 404 Mass. 14, 17 (1989). … Presentment to ‘To Whom it May Concern” in the October letter clearly fails because it does not identity anyone with authority to settle claims.

Mason v. Pegasystems, Inc.

5 Mass. L. Rptr. 509 · Massachusetts Superior Court · Jun 10, 1996

To prove Mason’s claim of disparate handicap discrimination in violation of G.L.c. 15IB, she must “first establish a prima facie case by producing evidence that she is a handicapped person, that, in spite of her handicap … “Qualified Handicapped Person” and Disabilify Benefits The defendants argue that Mason does not qualify as a “qualified handicapped person” because she applied for and was granted total disabilify benefits. *511 G.L.c. 151B

Commerce Insurance v. J&J Builders, LLC

30 Mass. L. Rptr. 483 · Massachusetts Superior Court · May 30, 2012

The defendant J&J Builders, LLC is a dissolved limited liability company (hereinafter “LLC”) originally established pursuant to G.L. Ch. 156C. … The undisputed facts .establish that in or about 2006, J&J Builders, LLC engaged in the construction of the Luzitania Court Condominiums in Gloucester, Massachusetts.