Case law

Throumoulos v. State of Maine

Superior Court of Maine · May 15, 2007

, and qualified or absolute privilege, among others. … Facts asserted in a statement of material facts that are not appropriately denied or qualified are deemed admitted. M.R. Civ. P. 56(h)(4). 2.

Plourde v. Dirigo Counseling Clinic, LLC

Superior Court of Maine · Jan 20, 2021

Burlock are protected by qualified immunity; and 4) Plaintiffs complaint does not contain sufficient factual allegations to permit the court to infer that Defendants have violated Plaintiffs substantive due process rights … Burlock's alleged activities in conspiring to spy upon and illicitly obtain a psychiatric evaluation of Plaintiff are protected by prosecutorial immunity or qualified immunity.

McGeachey v. Portland Water District

Superior Court of Maine · Nov 20, 2017

Accordingly, the record establishes beyond dispute that the Defendant has insurance coverage, but not coverage beyond the statutory cap. … This is clearly shown by the fact that, in addition to not mentioning lost earnings, the prefatory clause does not mention medical expenses or cost of repair, but those clearly are among the types of damages that can be

Hamilton v. Drummond Woodsum

Superior Court of Maine · Nov 20, 2018

Hamilton's complaint, she would qualify as a governmental employee. … Law Court decisions establish that the designation of a person as an independent contractor does not exclude the possibility that the person would qualify as an employee for purposes of the MTCA.

Perry v. Dean

Superior Court of Maine · Jun 5, 2017

In addition, governmental officials are protected from claims under 42 U.S.C. § 1982 under the doctrine of qualified immunity unless their actions violate clearly established statutory or constitutional rights of which … Finally, officials are entitled to qualified immunity unless: 1) the facts that a plaintiff has alleged or shown make out a violation of a constitutional right; and 2) the right at issue was clearly established at the

Whitney v. Sheri-Key

Superior Court of Maine · Mar 15, 2023

That contractual provision is only enforceable, however, if it "clearly and specifically contains a waiver of the immunity of the workers' compensation act, either by so stating or specifically stating that the indemnitor … While there may be other ways to interpret that phrase, the court does not find the provision here to "clearly and specifically" waive immunity. 2 2 Sheridan also cites Int'/ Paper Co. v. A & A Brochu, 899 F.

Stewart v. University of Maine System

Superior Court of Maine · Sep 18, 2023

The Defendants also argue that the Complaint is barred by qualified immunity against Chancellor Malloy. 1. Sovereign Immunity The university system is an instrumentality of the state. … Although government employees may be held liable for certain constitutional violations, to defeat qualified immunity, the government official must violate a clearly established constitutional right of which a reasonable

Smith v. Androscoggin County Jail

Superior Court of Maine · Jun 22, 2020

denies or qualifies the rest because an admission must begin with the designation "'[a]dmitted' . . . and shall end with such designation." … The Law Court has established a "four-factor test to determine whether discretionary immunity applies." Roberts v. State, 1999 ME 89,l) 8,731 A.2d 855.

Klein v. Demers-Klein

Superior Court of Maine · Jun 13, 2019

With this framework at hand, the analysis proceeds to the first step-whether Myers and Demers have each established as a matter oflaw that the conduct on which Klein's claims are based qualifies as "petitioning activity … With this framework at hand, the analysis proceeds to the first step~whether Myers and Demers have each established as a matter oflaw that the conduct on which Klein's claims are based qualifies as "petitioning activity

Lewis v. Town of Boothbay

Superior Court of Maine · Dec 20, 2004

It is clear that should defendant not prevail in their immunity defense they anticipate an interlocutory appeal on that issue. The availability of the qualified immunity defense is a question of law... … To avoid a judgment as a matter of Jaw for a defendant, a plaintiff must establish a prima facie case for each element of her cause of action.

Houlton Regional Hospital v. Lambrew

Superior Court of Maine · Sep 3, 2019

HRH was not permitted to argue on appeal whether it qualified for exclusion to meaningful use requirements. … Those rules clearly afford aggrieved providers hearing and appeal rights for audit findings and recoupment efforts by either the Department or CMS.

Rosado v. Texas Instruments, Inc.

Superior Court of Maine · Mar 21, 2019

Defendant P2P has pleaded immunity as an affirmative defense. (Def. P2P's Ans. 15); 26 M.R.S. § 598. "A defendant may raise immunity as the ground for dismissal of a claim for failure to state a basis for relief." … To establish tortious interference by fraud, plaintiffs must allege that a person: (1) makes a false representation (2) of a material fact (3) with knowledge of its falsity or in reckless

Warrander v. Maine Department of Corrections

Superior Court of Maine · May 20, 2020

Despite those actions, Plaintiff did not file this suit until May of 2017, clearly well-beyond the two-year statutory limit established in §8110 of the MTCA .... (Def.' s Mot. Dismiss 11.) … "Qualified immunity protects all but the plainly 12 incompetent or those who knowingly violate the law." Id. (quoting Malley v.

City of Portland v. Coyne

Superior Court of Maine · Mar 18, 2010

Under the MTCA, "except as otherwise expressly provided by statute, all governmental entities shall be immune from suit on any and all tort claims seeking recovery of damages." 14 M.R.S. § 8103. … Absent an appeal by Coyne/ the City does not qualify as an aggrieved party to 2 As ofCoyne's December 7. 2009 Motion to Dismiss the City's Appeal.

LePage v. Bath Iron Works

Superior Court of Maine · Dec 13, 2005

For safety reasons, BIW implemented a process patterned after established United States Department of Transportation procedures to determine whch guards should be permitted to carry firearms. DSMF 2, as qualified. … LePage could establish the first element,18 based upon the record presented by h s case, Mi. LePage cannot establish a prima facie case for the second or third of those three elements. Mi.

Malia v. Unum Life Ins. Co. of America

Superior Court of Maine · Aug 18, 2009

Unum has moved to dismiss on the basis that Malia failed to establish the elements of defamation. … Although the immunity presumes that employers act in good faith it is not absolute and can be rebutted by a showing of "clear and convincing evidence of [aJ lack of good faith ... that clearly shows the knowing disclosure

Clark v. Means

Superior Court of Maine · Jan 15, 2002

Here, the complaint does not establish either of these predicates to immunity and waiver. Second, even if statutory provisions are applicable because of the 2She has also made a claim for unpaid wages (count 4). … While articulating this argument, he does not press or develop it, perhaps because the record clearly reveals a genuine issue of fact relating to the extent of his immunity outside of workplace conduct. 2000 ME 104, ¥ 14

Guimond v. City of Eastport

Superior Court of Maine · Apr 12, 2019

Defendants have not even established that the EDA grant is a contract that could support contract claims. … Whatever its reasoning, our Legislature clearly indicated its intent to extend immunity to governmental entities for claims resulting from the leasing of governmental property, including buildings.

Spruce v. State of Maine, Dep't of Transp.

Superior Court of Maine · Feb 24, 2004

In the instant matter, the parties agree that the structure at the rest stop was clearly a public building. … As this is the only route (as alleged in the Complaint) around the immunity established in 14 MRSA §8104, the court must conclude that the Plaintiff’s claim is barred by the doctrine of sovereign immunity.

Waugh v. Genesis Healthcare LLC

Superior Court of Maine · Dec 18, 2018

The reports to DHHS and the Board of Nursing are subject to statutory immunity. … . § 3479-A (providing civil immunity to "a person participating in good faith in reporting" of suspected abuse pursuant to 22 M.R.S. §§ 3477 and 3479); 24 M.R.S. § 2511 (providing civil immunity to health care providers