Case law

Rodriques v. Furtado

410 Mass. 878 · Massachusetts Supreme Judicial Court · Aug 12, 1991

Qualified immunity. We consider first whether Furtado and Dr. Falkoff are immunized from liability as matter of law. We conclude that they are immunized. … While the plaintiff is correct when she argues that the Aguilar-Spinelli requirements were clearly established at the time Furtado applied for the warrant, that is not sufficient to preclude Furtado from using a qualified

O'MALLEY v. Sheriff of Worcester County

415 Mass. 132 · Massachusetts Supreme Judicial Court · May 4, 1993

To overcome the defendants’ qualified immunity, the plaintiffs must show that the defendants directly participated in violating the plaintiffs’ “clearly established” rights. Anderson v. … We hold that, as a matter of law, the plaintiffs’ allegations do not defeat the Commissioner’s qualified immunity.

Richey v. American Automobile Association, Inc.

380 Mass. 835 · Massachusetts Supreme Judicial Court · Jun 6, 1980

There may, indeed, be room for the observation that if the present facts should be held to qualify a discharged employee for relief, then a new practical definition might have to be given to employments theoretically terminable

Birbiglia v. Saint Vincent Hospital, Inc.

427 Mass. 80 · Massachusetts Supreme Judicial Court · Mar 16, 1998

Geltman, 406 Mass. 811, 816-817 [1990]) would not be thereby shown to have failed to qualify for immunity. … The specific intent that would be required to establish that the action of the board violated any duty of good faith and fair dealing cannot be established by aggregating the knowledge of all hospital employees acting within

Duarte v. Healy

405 Mass. 43 · Massachusetts Supreme Judicial Court · May 10, 1989

The first was common law immunity, as variously expressed in our cases, and the second was a qualified immunity patterned after Federal qualified immunity under 42 U.S.C. § 1983 . Id. at 35, 38 . … Furthermore, the Supreme Court already had established the basic two-part test for determining to what discretionary functions the doctrine of qualified immunity applies.

Nelson v. Salem State College

446 Mass. 525 · Massachusetts Supreme Judicial Court · Apr 13, 2006

was clearly established at the time of the alleged constitutional violation. … Indeed, an “unresolved” constitutional right, like the one presented in this case, cannot be “clearly established,” as required under the second prong of the qualified immunity test. See, e.g., Wilson v.

Breault v. CHAIRMAN OF BD, FIRE COMMR. OF SPRINGFIELD

401 Mass. 26 · Massachusetts Supreme Judicial Court · Oct 13, 1987

Creighton, 483 U.S. 635, 641 (1987) (principle of qualified immunity allows defendant to seek summary judgment on ground that, on "clearly established principles [of law]," he could have reasonably believed his acts to be … established rule of immunity.

Longval v. Commissioner of Correction

448 Mass. 412 · Massachusetts Supreme Judicial Court · Feb 23, 2007

immunity, the right *419 must be clearly established at the time of the alleged violation. … immunity was available to the defendants because the law, before our decision in Haverty , was not “clearly established.”

Littles v. Commissioner of Correction

444 Mass. 871 · Massachusetts Supreme Judicial Court · Aug 12, 2005

The doctrine of qualified immunity generally shields public officials from liability for civil damages for the performance of discretionary functions, “insofar as their conduct does not violate clearly established statutory … if so, the inquiry shifts to whether the right was so clearly established *879 that it would be plain to a reasonable official that his conduct was unlawful.

Breault v. Chairman of the Board of Fire Commissioners

401 Mass. 26 · Massachusetts Supreme Judicial Court · Oct 13, 1987

established.” … Creighton, 483 U.S. 635, 641 (1987) (principle of qualified immunity allows defendant to seek summary judgment on ground that, on “clearly established principles [of law],” he could have reasonably believed his acts to be

Shedlock v. Department of Correction

442 Mass. 844 · Massachusetts Supreme Judicial Court · Dec 8, 2004

Gilley, 500 U.S. 226, 232 (1991) (right must be clearly established “at the time the defendant acted” to overcome defense of qualified immunity). … However, the issue whether a statutory right is “clearly established” for purposes of overcoming qualified immunity is not a matter of counting up the number of decisions that have gone each way and treating as “clearly established

Clancy v. McCabe

441 Mass. 311 · Massachusetts Supreme Judicial Court · Mar 26, 2004

McCabe moved for summary judgment, claiming he was entitled to qualified immunity. … The doctrine of qualified immunity shields government officials, in the course of performing discretionary tasks, from liability for civil damages “insofar as their conduct does not violate clearly established statutory or

Ahmad v. Department of Correction

446 Mass. 479 · Massachusetts Supreme Judicial Court · Apr 7, 2006

In January, 2003, the defendants moved for summary judgment on qualified immunity grounds. The motion was denied without prejudice to permit sufficient discovery regarding the applicability of qualified immunity. … Consequently, the defendants are entitled to the protections of qualified immunity. Conclusion.

George MacKie v. Katrin Rouse-Weir / George MacKie v. Robert Joss

Massachusetts Supreme Judicial Court · Jan 24, 2025

Second, both legal precedent and the statutory framework of c. 123A establish that the role of qualified examiners is not only essential, but quasi judicial. … established statutory or constitutional right for the purpose of determining whether qualified immunity applied. [13] In his complaint, Mackie alleged that Joss "was hired by the [DOC] as a [qualified examiner] and assigned

Jordan v. Sinsheimer

403 Mass. 586 · Massachusetts Supreme Judicial Court · Dec 14, 1988

The defendant asserts that at least qualified immunity is available to him because his conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … One issue is whether on clearly established principles of law, he could have reasonably believed his acts to be lawful. Breault v. Chairman of the Bd. of Fire Comm’rs of Springfield, 401 Mass. 26 , 32 (1987).

Gutierrez v. Massachusetts Bay Transportation Authority

437 Mass. 396 · Massachusetts Supreme Judicial Court · Aug 2, 2002

Qualified immunity. … Although the defendants claim qualified immunity as to all claims, the only remaining claim to which qualified immunity may , apply is Daniella’s excessive force claim.

LaChance v. Commissioner of Correction

463 Mass. 767 · Massachusetts Supreme Judicial Court · Nov 27, 2012

judgment, on the basis of qualified immunity. … Qualified immunity.

Pasqualone v. Gately

422 Mass. 398 · Massachusetts Supreme Judicial Court · Apr 5, 1996

As the Supreme Court stated in *403 Anderson, supra at 639 , “[pjlaintiffs would be able to convert the rule of qualified immunity that our cases plainly establish into a rule of virtually unqualified liability simply by … Although we have no doubt that Gately violated Pasqualone’s clearly established constitutional rights, we must acknowledge that this case exposes a gap in our law.

Dobos v. Driscoll

404 Mass. 634 · Massachusetts Supreme Judicial Court · Apr 19, 1989

Qualified immunity pursuant to § 1983. Under Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982), the doctrine of qualified immunity applies only to “discretionary functions.” … The doctrine of qualified immunity has both an objective and a subjective element.

JAKLIN SUZETH GOTAY & Others v. JULIANN CREEN & Others

Massachusetts Supreme Judicial Court · Mar 21, 2025

Qualified immunity. … Government officials are entitled to qualified immunity from § 1983 claims for damages if "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known