Case law

Conners v. Maine Medical Center

42 F. Supp. 2d 34 · District Court, D. Maine · Mar 3, 1999

Conners is clearly ineligible to sue under Title I because, by virtue of the fact that he is currently totally disabled and unable to work even with a reasonable accommodation, he does not fit the criteria of a “qualified … Act, the court concluded that, because the plaintiff was totally disabled at all relevant times including the day of the alleged discrimination, the plaintiff could not establish that he was a “qualified handicapped person

Douglass v. Lehman

581 F. Supp. 704 · District Court, D. Maine · Mar 16, 1984

The evidence adduced by Plaintiff at trial clearly established the elements of the prima facie case. Plaintiff was 62 years old at the time he applied for promotion to the advertised position of general foreman. … Plaintiff was rated highly qualified for the position and was further qualified by his status as eligible for repromotion.

Lovell v. Peoples Heritage Savings Bank

776 F. Supp. 578 · District Court, D. Maine · Oct 15, 1991

As the Court of Appeals for the First Circuit has recently articulated the test, state action immunity "exists if (1) the private parties' conduct was undertaken pursuant to ‘clearly articulated and affirmatively ex *589 … for state action immunity as well.

WILBUR v. FITZPATRICK

District Court, D. Maine · Nov 12, 2019

Government officers are entitled to qualified immunity unless they violate a constitutional right that was “clearly established” when they engaged in the conduct at issue. Hunt v. … the violated right was clearly established at the time that the offending conduct occurred.”

Page v. Amtrak, Inc.

168 F. Supp. 3d 337 · District Court, D. Maine · Mar 3, 2016

I therefore take the existence of the operating agreement as established. . … The defendant qualified its response to the plaintiffs additional material fact paragraph 20, asserting that the statement was not accurately reflected in the record cited. Def.'s RSAF ¶ 20.

Town of Sanford v. United States

961 F. Supp. 16 · District Court, D. Maine · Apr 8, 1997

I conclude that a municipality with a perfected lien on real estate for the collection of real estate taxes, whose officials have no knowledge of the illegal activities occurring on the real estate, qualifies as an “inno … a private owner, it goes back on to the tax rolls for the Town, whereas if the Government still owned it on a succeeding April 1, no taxes could be collected for that subsequent tax year, since the federal Government is immune

Cragin v. United States

684 F. Supp. 746 · District Court, D. Maine · Apr 19, 1988

It claims, in the alternative, that the first DPT vaccine did not cause Jill’s meningitis or weaken her natural immunity to the disease. … This cannot be what Congress intended when it enacted this limitation on the government’s waiver of immunity from suit.

United States v. Booker

555 F. Supp. 2d 218 · District Court, D. Maine · May 27, 2008

Congress “established with the Lautenberg Amendment a policy of zero tolerance when it comes to guns and domestic violence.’ ” Id. at 5 (quoting statement of Sen. Lautenberg, 142 Cong. Rec. S8831 (daily ed. … The new Maine domestic violence assault statute would not be immune from attack under Leocal .

Penobscot Nation v. Fellencer

999 F. Supp. 120 · District Court, D. Maine · Mar 13, 1998

To recognize an absolute tribal immunity from the discrimination laws of the State would clearly frustrate the important state policies that the MHRA serves. … There clearly are certain tribal government employment decisions that cannot be regulated by the State because they are inherent to independent organization or .governance.

ecoNugenics, Inc. v. Bioenergy Life Sci., Inc.

355 F. Supp. 3d 785 · District Court, D. Maine · Jan 10, 2019

In addition, ecoNugenics alleged in its original complaint that "[c]omparative testing *788 by qualified laboratories confirmed that ... the [MCP sold by] the Defendants is 'certainly not MCP with the ability to enter mammalian … This initial factual assertion only clearly alleges indirect infringement of the patents by Bioenergy; in its legal claims, however, ecoNugenics' original complaint purported to also plead direct infringement by Bioenergy

United States v. Maine

524 F. Supp. 1056 · District Court, D. Maine · Oct 13, 1981

Maryland, 17 U.S. (4 Wheat.) 316, 436-37 , 4 L.Ed. 579 (1819), federal instrumentalities are immune from taxation by a State, unless such taxation is specifically authorized by Congress. … The sliding scale fee at issue clearly satisfies the first part of the test.

ARRM v. Piper

319 F. Supp. 3d 1156 · District Court, D. Maine · Jun 28, 2018

Edmondson , 594 F.3d 742 , 770-71 (10th Cir. 2010) (concluding that "[i]mposition of monetary damages that cannot later be recovered for reasons such as sovereign immunity constitutes irreparable injury"). … Moreover, mandamus relief is available in Minnesota courts to compel a state governmental agency "to perform a duty [that] the law clearly and positively requires ... where there is no other plain, speedy, and adequate remedy

CLARK v. ARBOUR

District Court, D. Maine · Sep 4, 2025

To establish 5 Even if the Court were to conclude that an interview cancellation could infringe a prisoner’s First Amendment rights, a § 1983 claim based on such a violation would likely be barred by qualified immunity … Fontanes, 568 F.3d 263, 269 (1st Cir. 2009) (describing the First Circuit’s qualified immunity approach as three-part test).

HEWES v. PUSHARD

District Court, D. Maine · May 5, 2024

Pangburn is entitled to qualified immunity. … , for assessing qualified immunity.

LIBERTARIAN PARTY OF MAINE v. Dunlap

659 F. Supp. 2d 215 · District Court, D. Maine · Sep 16, 2009

Clearly, they are not. More to the point, the Libertarians provide no reason that a deadline of August 8 — as opposed to some other date — is by itself particularly burdensome. а. … than it does for established political parties.

Polydore v. Prince

19 F. Cas. 950 · District Court, D. Maine · Aug 21, 1837

'The favored classes were entitled to many personal privileges and immunities particularly beneficial and honorable to themselves. … It cannot be supposed that these immunities would be allowed in a country which admitted no such distinctions in its domestic policy.

CHASE v. CITY OF BANGOR

District Court, D. Maine · Nov 16, 2021

immunity. … A government official is entitled to qualified immunity unless she or he violates a constitutional right that was “clearly established” when they engaged in the conduct at issue. Hunt v.

Burrell v. Anderson

353 F. Supp. 2d 55 · District Court, D. Maine · Jan 13, 2005

Burrell qualifies this statement by stating that the x-ray taken all came back normal. … Again, Burrell contends that there is an unconstitutional gender-biased domestic violence policy which defeats the State defendants’ prosecutorial immunity in Bur-rell’s view.

DOE v. REGIONAL SCHOOL UNIT NO 21

District Court, D. Maine · May 29, 2020

Qualified Immunity Sullivan and Lewia also contend that they are entitled to qualified immunity. Defs.’ Mot. 10 & n.5. … “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Campbell v. First American Title Insurance

269 F.R.D. 68 · District Court, D. Maine · Aug 4, 2010

It is Plaintiffs’ burden to establish a basis for certification. The First Circuit requires “a rigorous analysis of the prerequisites established by Rule 23.” Smilow v. … Numerosity Plaintiffs have clearly met their burden in establishing that “the class is so numerous that joinder of all members is impracticable.” Fed. R. Civ. P 23(a)(1).