Case law

Dall v. Caron

628 A.2d 117 · Supreme Judicial Court of Maine · Jul 8, 1993

The immunity granted in the more limited circumstances described in subpara-graphs A through D is absolute and not qualified by the bad faith proviso in sub-paragraph E. 2 We conclude, therefore, that the summary judgment … The Legislature understood the distinction between qualified and absolute immunity. See House Amendment A to L.D. 923, No. H-158, Statement of Fact (113th Legis.1987); and P.L. 1987, ch. 740, § 8.

Erskine v. Commissioner of Corrections

682 A.2d 681 · Supreme Judicial Court of Maine · Aug 15, 1996

In their answer, the defendants raised the affirmative defenses of sovereign and qualified immunity, M.R.Civ.P. 8(c). … Despite their knowledge of Robinson’s violent nature, the defendants are entitled to the defense of qualified immunity for purposes of section 1983 liability.

Richards v. Town of Eliot

780 A.2d 281 · Supreme Judicial Court of Maine · Sep 10, 2001

whether the officers are nevertheless entitled to qualified immunity for their conduct. … Katz, “is to ask whether the right was clearly established.” Id.

Pamela G. Argereow v. Verne M. Weisberg, M.D.

195 A.3d 1210 · Supreme Judicial Court of Maine · Oct 16, 2018

to Mercy squarely within the scope of immunity established in section 2511. … At this stage of the proceedings, it is premature to conclude that Weisberg’s claim of immunity has been clearly established within the four corners of Argereow’s complaint.

Tolliver v. Department of Transportation

948 A.2d 1223 · Supreme Judicial Court of Maine · May 13, 2008

Limit established. … The availability of qualified immunity is often closely intertwined with the facts of a case; thus, where there has been a trial, appellate review should be confined to those facts established at trial.

Henriksen v. Cameron

622 A.2d 1135 · Supreme Judicial Court of Maine · Mar 24, 1993

Collins was a “qualified licensed doctor who is qualified and licensed and practices in the area of psychiatry.” Dr. … In fact, this approach to interspousal immunity is a common one.

King v. Town of Monmouth

697 A.2d 837 · Supreme Judicial Court of Maine · Jul 18, 1997

Nor has King defeated qualified immunity for the individual defendants by demonstrating their engagement in specific actions that transgressed clearly established constitutional rights. See Lyons v. … The court therefore did not err in extending qualified immunity to the individual defendants.

McNally v. Mokarzel

386 A.2d 744 · Supreme Judicial Court of Maine · May 26, 1978

In the latter circumstance only a qualified privilege attaches, one which can be overcome by a showing of actual malice. … Id. at 112 . 2 In the case at bar, the complaint clearly alleges actual malice on the Defend *747 ants’ part, and this allegation would be sufficient to withstand a Rule 12(b)(6) motion if no more than the qualified privilege

Penn v. FMC Corp.

901 A.2d 814 · Supreme Judicial Court of Maine · Jul 19, 2006

Id. [¶ 8] Penn contends that the Legislature, by using the word “temporary” in section 104, intended for a time limitation to inhere in section 104 beyond which a worker’s temporary employment no longer qualifies as “temporary … ” and the employer’s immunity from suit no longer applies.

Rodway v. Wiswall

267 A.2d 374 · Supreme Judicial Court of Maine · Jun 29, 1970

The three named defendants were then and continued to be duly appointed and qualified members of the Board. … Richards was clearly a decision based upon public policy and which admittedly overruled prior case law which had applied the “good faith” test.

United States v. Carter

799 A.2d 1232 · Supreme Judicial Court of Maine · Jun 25, 2002

The factual basis for this contention is not clearly articulated, but even if there is information about this suit being reported to credit agencies, the reporting is temporary, and is a necessary incident to litigation of … United States, 64 F.3d 1352, 1357 (9th Cir.1995) (official immunity is different from other defenses because "the judicial inquiry itself, rather than just a merits judgment, causes the disruption that the doctrine of immunity

State v. Maine Central Railroad

66 Me. 488 · Supreme Judicial Court of Maine · Jan 25, 1877

It does not say it shall have all the powers, privileges and immunities possessed by each and any one, or any two of the corporations. Now some had a conditional and qualified immunity from taxation and some had it not. … It *511 could not have been the legislative intention that a fraction of this consolidated railroad should have a qualified immunity from taxa tion and a fraction not have it.

Timothy G. Dalton v. Sarah H. Dalton

99 A.3d 723 · Supreme Judicial Court of Maine · Aug 19, 2014

At the hearing, Sarah offered evidence from five witnesses, including two witnesses that she sought to qualify as experts. … [¶19] The foundational evidence that Sarah presented to qualify both witnesses as experts was inadequate.

Darling v. Augusta Mental Health Institute

535 A.2d 421 · Supreme Judicial Court of Maine · Dec 22, 1987

Clearly such policymaking and supervisory conduct is at the core of the discretionary function immunity. … Thegen, 256 A.2d 162, 164-65 (Me.1969) (physician certifying patients for emergency admittance to mental hospital acts in quasi-judicial capacity and enjoys a qualified immunity).

Kevin F. Strong v. Rebecca M. Brakeley

137 A.3d 1007 · Supreme Judicial Court of Maine · Apr 21, 2016

Strong argues, however, that Synernet does not qualify as one of the intended recipients of assistance identified by subsection 3—namely, a “board, authority or committee”—and therefore Brakeley and Bausman are not immune … [that] assist[s] in performing professional competence review activities,”3 and therefore Synernet qualifies as a “board, authority or committee” pursuant to 24 M.R.S. § 2511(3). [¶11] In challenging the application

McNicholas v. Bickford

612 A.2d 866 · Supreme Judicial Court of Maine · Aug 26, 1992

Accordingly, Bickford and La-moreau cannot be found to have violated a “clearly established” constitutional family integrity right of McNicholas. Cf. Meyers v. … (social services workers who under law were given broad general authority to remedy problems which may result in neglect or abuse of children were entitled to qualified immunity for ordering father to stay away from home

Smith v. Yankee Construction Corp.

625 A.2d 904 · Supreme Judicial Court of Maine · May 28, 1993

Because we conclude that Concrete Craftsmen did not clearly and specifically waive its immunity under the Act, we direct the entry of a summary judgment in its favor. … City of Augusta, 622 A.2d 74, 75 (Me.1993) (qualified immunity from plaintiff’s section 1983 suit); Polley v. Atwell, 581 A.2d 410, 412-13 (Me.1990) (discretionary function immunity under Maine Tort Claims Act).

Jackson v. State

544 A.2d 291 · Supreme Judicial Court of Maine · Jun 30, 1988

The State clearly has an overwhelming interest in protecting the children transported to school on public school buses. … In order to establish a prima facie case under the Rehabilitation Act, Jackson must show: 1) that he is a “handicapped individual” within the meaning of the Act; 2) that he is “otherwise qualified” for the school bus driver

Pelkey v. City of Presque Isle

685 A.2d 429 · Supreme Judicial Court of Maine · Nov 21, 1996

As city officials, Krysiak and Coffin are entitled to assert qualified immunity from a suit pursuant to section 1983. See Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974); Laverne v. … Corning, 522 F.2d 1144 (2d Cir.1975) (municipal inspectors and fireman entitled to assert qualified immunity in section 1983 action). In Harlow v.

Rice v. City of Biddeford

861 A.2d 668 · Supreme Judicial Court of Maine · Oct 25, 2004

If an injury occurs only after repairs have *671 been completed, immunity is not waived by section 8104-A(4). [¶ 12] Rice’s responses to the City’s statement of material facts establish, without dispute, that the City completed … deposition testimony, reflected in the statements of material fact, also indicate that he asserts he was injured two or three days after he had observed the catch basin cleaning on August 23, and that, although he attempted to qualify