Case law

MACDONALD v. BREWER SCHOOL DEPARTMENT

District Court, D. Maine · Jan 12, 2023

entitled to qualified immunity. … “Therefore, to determine whether a defendant is entitled to qualified immunity, a court must consider whether the constitutional right the defendant allegedly violated was ‘clearly established’ at the

ARBOUR

District Court, D. Maine · Oct 21, 2025

to afford due process would not have violated a clearly established right. … “[Q]ualified 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 person

JOHNSON v. CITY OF BIDDEFORD POLICE DEPARTMENT

District Court, D. Maine · Apr 15, 2020

Police officers are entitled to qualified immunity unless “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” … established” for the purposes of qualified immunity.

Jackson v. Faber

834 F. Supp. 471 · District Court, D. Maine · Oct 4, 1993

Alexandria Women's Health Clinic, - U.S. -,-, 113 S.Ct. 753, 758 (1993) (declining to decide whether women are a qualifying class under section 1985(3)). 6 . … He does, however, allege facts which establish a strong economic motive for filing the civil action.

Cutler v. Lewiston Daily Sun

105 F.R.D. 137 · District Court, D. Maine · Mar 12, 1985

There is no absolute privilege that immunizes trade secrets and similar confidential information from discovery. See Federal Open Market Committee v. … First, Defendant has not established that any particular information sought qualifies as a trade secret and that its disclosure might be harmful. See Centurion, 665 F.2d at 325 .

Robbins v. Maine School Administrative District No. 56

807 F. Supp. 11 · District Court, D. Maine · Nov 23, 1992

relief under their “State Created Danger” theory of substantive due process; (ii) There is no policy or custom of deliberate indifference by Defendants to constitutional violations; (iii) The individual Defendants have a qualified … immunity against Plaintiffs’ constitutional claim; and (iv) Plaintiff Robbins’ appeal of the special education claim is moot.

Pippin v. Boulevard Motel Corp.

121 F. Supp. 3d 230 · District Court, D. Maine · Aug 5, 2015

The Court overrules Plaintiffs’ qualified response. Even though the evidence establishes that Ms. … Boulevard Motel submitted a qualified response, stating that Mr. Mello’s testimony establishes that he did not think Ms.

Risinger Ex Rel. Risinger v. Concannon

117 F. Supp. 2d 61 · District Court, D. Maine · Oct 12, 2000

Plaintiff DRC has adequately established both of these elements. … Nevertheless, the language of 5 M.R.S.A. § 19505 clearly constitutes a positive grant of standing by the Maine legislature.

UV Industries, Inc. v. Posner

466 F. Supp. 1251 · District Court, D. Maine · Feb 26, 1979

These factors are plainly sufficient to establish an adequate showing of irreparable injury if such a showing were required. See Sonesta International Hotels Corp. v. … To immunize any such transaction because handled through a broker would nullify and frustrate the objectives of the Maine Legislature in enacting the Maine Takeover Law.

Webber v. International Paper Co.

326 F. Supp. 2d 160 · District Court, D. Maine · Jun 9, 2004

Webber acknowledged that he was less qualified than other project engineers and that there were indeed projects that he was not qualified to do. Mr. … Webber was one of the two least-qualified project engineers. Mr.

American Society of Consultant Pharmacists v. Concannon

214 F. Supp. 2d 23 · District Court, D. Maine · Aug 19, 2002

Overview of Medicaid Statute In 1966, Congress enacted Title XIX of the Social Security Act establishing the federal Medicaid program, which aimed to provide health care to needy individuals. … Such scant evidence of the negative effect of the rule does not satisfy Plaintiffs burden of “clearly” demonstrating a likelihood of success on the merits.

MCKENNA v. MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES

District Court, D. Maine · Sep 27, 2024

And, though both Plaintiffs qualify for Shared Living Services at the Single Member Served level, DHHS denied them those services because they live together. … Lombardi, 239 F.3d 23, 27 (1st Cir. 2001) (“[A]llegations in a lawyer’s brief or legal memorandum are insufficient . . . to establish jurisdictional facts.”).

Leavitt v. SW & B Construction Co.

766 F. Supp. 2d 263 · District Court, D. Maine · Feb 25, 2011

Leavitt argues that his employment record at SW & B clearly establishes that he was qualified for his position. Id. at 7. … Leavitt’s ten years of employment at BE & K and SW & B, his positive evaluations, and his awards are more than sufficient to establish that he was qualified for the job of safety coordinator.

United States v. Osman

697 F. Supp. 2d 161 · District Court, D. Maine · Mar 23, 2010

In order to establish this defense it will be necessary for Ms. Osman to testify concerning what she did and did not do, and what she reasonably did or did not believe. .... … Osman has not provided the detail to establish either that her testimony is important on Counts 1 and 2 or that she strongly needs not to testify on the remaining counts.

Anderson v. Quinn

495 F. Supp. 730 · District Court, D. Maine · Aug 11, 1980

as September 30. 5 Clearly, then, Maine’s April 1 filing deadline as applied to independent candidates for the Presidency places a substantial and .unequal burden on them. … To qualify for the primary, they must file nominating petitions by April 1.

MERRILL v. STATE OF MAINE

District Court, D. Maine · Nov 25, 2020

“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … The Supreme Court has held that courts have discretion to bypass the first prong of the qualified immunity analysis (whether there has been an underlying constitutional violation) and skip to the clearly-established prong

LIGHT v. LIVERMORE, TOWN OF

District Court, D. Maine · Sep 2, 2022

“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 … “Qualified immunity is applicable unless the official’s conduct violated a clearly established right.” Id. 8 Regarding Mr. Miller, Mr. Chretien, Mr. Deyling, Mr. Richmond, Mr. Guild, Ms. Martin, and Mr.

Learnard v. Inhabitants of Town of Van Buren

164 F. Supp. 2d 35 · District Court, D. Maine · Aug 24, 2001

WHETHER THE COMPLAINT STATES A CLAIM A. 12(b)(6) Standard Generally, a court may dismiss a claim pursuant to Rule 12(b)(6) for failing to state a claim upon which relief can be granted only if it clearly appears that, on … That immunity, however, does not apply when a state officer acts outside of his quasi-judicial capacity. See, e.g., id.

Jones v. Eastern Maine Medical Center

448 F. Supp. 1156 · District Court, D. Maine · Mar 31, 1978

Except in emergencies consultations with other qualified physicians are required in: (1) Currettages [sic] or other procedures by which a known or suspected pregnancy may be interrupted. … That case, however, is clearly distinguishable.

Harris v. International Paper Co.

765 F. Supp. 1509 · District Court, D. Maine · Mar 28, 1991

The plaintiffs initial burden, however, is to establish a four-part prima facie case: (1) that the plaintiff belongs to a protected group, (2) that he applied and was qualified for a job for which the employer was seeking … Plaintiffs established their prima facie cases), and that Defendant’s rebuttal argument was not supported by sufficient evidence to warrant a finding other than that Plaintiffs were qualified for promotion.