Case law

Brown v. Lucas

District Court, D. Massachusetts · May 14, 2018

Analysis Defendants contend that they are entitled to qualified immunity. … The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Palandjian v. Foster

446 Mass. 100 · Massachusetts Supreme Judicial Court · Feb 21, 2006

additional testing when a patient with that history presented with persistent pain, then an expert could testify as to the standard of care (order more tests) and the underlying rationale (although increased risk of cancer not clearly … established in second degree relatives, the average qualified physician would be concerned because of the possible increased risk established for first degree relatives).

In Re Robidoux

116 B.R. 320 · District Court, D. Massachusetts · Jul 30, 1990

Gouzoules’ affidavit was untimely filed and therefore was not even before the Bankruptcy Judge at the hearing on attorney’s fees, the Service falls far short of establishing that the Bankruptcy Court was clearly erroneous … This Court, therefore, remands the case to the Bankruptcy Court to adjust the rate at which the attorney’s fees will be paid to coincide with an established inflation indicator, or the standard $75 per hour rate established

United States v. O'Brien

994 F. Supp. 2d 167 · District Court, D. Massachusetts · Jan 17, 2014

cheated out of, qualified civil servants”); see also United States v. … Not all payments seeking favor, however, qualify as bribes under § 666.

Montrond v. Spencer

District Court, D. Massachusetts · Oct 29, 2021

Qualified Immunity “The Supreme Court has long established that, when sued in their individual capacities, government officials are immune from damages claims unless ‘(1) … they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”

Miga v. City of Holyoke

398 Mass. 343 · Massachusetts Supreme Judicial Court · Sep 2, 1986

Eleven days later, on September 21, 1979, Sandra tried unsuccessfully to obtain a drink from a drinking establishment as it was closing. … conduct deprived a person of rights, privileges, or immunities secured by the Constitution or laws of the United States.

In the Matter of Roche

381 Mass. 624 · Massachusetts Supreme Judicial Court · Oct 15, 1980

Justice Powell, upon whose concurrence in Branzburg Roche places great reliance, would appear to be of the same opinion: “[P]ersons who become journalists acquire thereby no special immunity from governmental regulation.” … Chester, 612 F.2d 708 , 716-717 (3d Cir. 1979), and cases cited, as establishing a constitutional newsman’s privilege is misplaced.

In Re One Star Class Sloop Sailboat Built in 1930

517 F. Supp. 2d 546 · District Court, D. Massachusetts · Oct 1, 2007

only by establishing that the sloop was not forfeitable. … Clearly, some judges simply want to be rid of them. When I was a “baby judge” I attended a training session. The trainer was to address employment discrimination cases.

Bingo Innovative Software, LLC v. Cahill

28 Mass. L. Rptr. 449 · Massachusetts Superior Court · Jun 9, 2011

In contrast to the complaint in O’Malley , BIS’s complaint clearly alleges personal liability against Cahill and Cavanagh in their individual capacities. … Accordingly, Cahill and Cavanagh have not established that they were sued in an improper capacity.

Handy v. Penal Institutions Commissioner

412 Mass. 759 · Massachusetts Supreme Judicial Court · Jun 5, 1992

The record does not demonstrate that this conclusion, to the extent it involves a finding of fact, was clearly erroneous. Mass. R. Civ. P. 52, 365 Mass. 816 (1974). … Thus the only question, assuming that we will consider the immunity point as restated in the defendants’ reply brief, is whether, in this § 1983 action involving only injunctive relief, immunity is a bar to the award of attorneys

Oliveira v. Ellison-Lopes

District Court, D. Massachusetts · Jan 11, 2024

not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … right at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.”

Cardillo v. Attorney General of United States

2 Mass. Supp. 612 · District Court, D. Massachusetts · Jul 31, 1981

As established in Board of Regents v. … Parole Commission, 593 F.2d 354, 356 (8th Cir. 1979) (qualified immunity); Nebraska Penal Inmates v. Greenholtz, 436 F. Supp. 432, 437 (D. Neb. 1976), rev’d on other grds, 442 U.S. 1 (1979) (quasi-judicial immunity).

Yacubian v. United States

952 F. Supp. 2d 334 · District Court, D. Massachusetts · Jul 8, 2013

Defendant argues that Juliand and MacDonald are both NOAA Enforcement Attorneys who do not qualify as “investigative or law enforcement officers.” … As discussed above, Defendant has sovereign immunity for EA Juliand’s conduct.

Hopkins v. Medeiros

48 Mass. App. Ct. 600 · Massachusetts Appeals Court · Feb 24, 2000

Hopkins qualifies as a rescuer. Hopkins was present at the melee because of his fellow officers’ emergency call. … Ct. 382, 388 (1981) (police officer whose negligence allegedly injured fellow officer not immune from suit; no comparable provision in c. 41 analogous to immunity of coemployees in c. 152 of workers’ compensation act). 16

Hudson v. Commissioner of Correction

46 Mass. App. Ct. 538 · Massachusetts Appeals Court · Mar 29, 1999

In any event, since the protective order was sought and granted in connection with the defendants’ defense of qualified immunity from suit as well as from liability, its allowance in this procedural context was well within … (a) discretionary and (b) did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Galdos-Shapiro

District Court, D. Massachusetts · Oct 17, 2025

It would be a misapplication of the doctrine of qualified immunity to allow officers to escape liability because a set of rights had been so clearly established years prior, that current officers can consequently profess … Finally, as to qualified immunity for the officers, the court is persuaded that it has long been clearly established that government agents cannot use “the power of the State to punish or suppress disfavored expression,

PLANNED PARENTHOOD FED. OF AM. v. Problem Pregnancy

398 Mass. 480 · Massachusetts Supreme Judicial Court · Oct 16, 1986

Clearly these business motivations of PP, Inc., in combination with the nature of the transaction and the activities of the parties, establish the "business context" as contemplated by Begelfer . … (abolition of charitable immunity).

Commonwealth v. Inhabitants of Charlestown

18 Mass. 180 · Massachusetts Supreme Judicial Court · Oct 15, 1822

Charters, &c. 1. *188 The company to whom this charter was made, having assumed a political capacity and become a state, exercised dominion. over all the land within the limits of the charter, and all the privileges, immunities … build a bridge, therefore, from shore to shore over a navigable cove or creek, whereby the usual passage of boats or other craft would be impeded, could not be justified even by the owner of the soil; for he has, only a qualified

ACE Property & Casualty Insurance v. Commissioner of Revenue

437 Mass. 241 · Massachusetts Supreme Judicial Court · Jun 28, 2002

establishment of the FCIC in 1938. … There would be rió reason to amend § 1511 in 1994 merely to restate an immunity that was already provided.

Wright v. Shriners Hospital for Crippled Children

412 Mass. 469 · Massachusetts Supreme Judicial Court · Apr 16, 1992

for reimbursement of expenses for persons assisting in investigations and immunity for witnesses testifying in grand jury investigations. … Also, we are unaware of any statute that clearly expresses a legislative policy to encourage nurses to make the type of internal report involved in this case.