Case law

Fishman v. Brooks

396 Mass. 643 · Massachusetts Supreme Judicial Court · Jan 30, 1986

Like a member of any other profession, an attorney is not immune from liability for the consequences of a negligent exercise of professional judgment. … The date when the photograph was taken was never established. Other evidence demonstrated the nature of the roadway. 6.

Hallett v. Town of Wrentham

398 Mass. 550 · Massachusetts Supreme Judicial Court · Nov 13, 1986

“The article is clearly directed toward the preservation of procedural rights and has been so construed.” Pinnick v. Cleary, 360 Mass. 1, 11-12 (1971). … Commonwealth, 363 Mass. 612 (1973), this court stated that the doctrine of sovereign immunity is “logically indefensible.” Id. at 618-619 .

Rogers v. Cofield

935 F. Supp. 2d 351 · District Court, D. Massachusetts · Mar 31, 2013

On the issue of qualified immunity, this court denied immunity for the section 1983 false arrest claim and requested further briefing regarding the section 1983 excessive force claim. 13 (Docket Entry #80). … Officer Cofield sought a finding of qualified immunity in a 12 page brief and an additional four page reply brief to plaintiffs six page opposition.

Mohawk Industries, Inc. v. United States (In Re Mohawk Industries, Inc.)

55 B.R. 284 · United States Bankruptcy Court, D. Massachusetts · Nov 26, 1985

The Court agrees with the IRS to the extent that “[i]t is a well established principal of law that the United States is immune from suit except in those instances where it has specifically waived its sovereign immunity.” … Under either the Enochs exception or the traditional standards for invoking equitable jurisdiction, Mohawk must establish a likelihood of success on the merits. This it has failed to do.

Pardo v. General Hospital Corp.

446 Mass. 1 · Massachusetts Supreme Judicial Court · Jan 26, 2006

L. c. 231, § 85N. 22 Neither the language of the statute nor its legislative history elucidates the precise boundaries the Legislature sought to establish when abrogating the immunity from discovery in certain cases. … The exemption of immunity from liability, and attendant medical peer review privilege extends to “any proceeding against a member of [a peer review] committee to establish a cause of action.” G. L. c. 111, § 204 (b).

Keene v. Brigham & Women's Hospital, Inc.

7 Mass. L. Rptr. 473 · Massachusetts Superior Court · Sep 30, 1997

Theatre Corp., it is clearly more egregious than a client failing to keep counsel apprised of his travel schedule. … immunity affirmative defense for a violation of a discovery order.

Larocque v. Deschene

District Court, D. Massachusetts · Mar 18, 2025

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.’”

Massachusetts Hospital Ass'n, Inc. v. Harris

500 F. Supp. 1270 · District Court, D. Massachusetts · Oct 29, 1980

Counsel for the Secretary called to the court’s attention several allegations in MHA’s Statement as to which the Secretary contended a genuine dispute clearly existed in the evidence. … Laws ch. 6A, § 32, which establishes the Rate Setting Commission, constitutes a waiver of the Commonwealth’s Eleventh Amendment immunity.

Turner v. Fallon Community Health Plan Inc.

953 F. Supp. 419 · District Court, D. Massachusetts · Feb 5, 1997

Turner did not qualify for coverage under the amended Fallon Plan because she did not meet Dana Farber’s protocol. … Plaintiffs state common law olaima are preempted by the broadly sweeping arm of ERISA Plaintiff is left without any meaningful remedy even if he were to establish that Fallon wrongfully refused to provide the Duke protocol

Keller v. Monson School Committee

District Court, D. Massachusetts · Mar 22, 2024

“Qualified immunity shields government officials from civil damages ‘unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.”’” … Where the constitutional right and the availability of supervisory liability are both clearly established, “the qualified immunity analysis ‘reduces to the test of objective legal reasonableness.’”

Redgrave v. Boston Symphony Orchestra, Inc.

557 F. Supp. 230 · District Court, D. Massachusetts · Feb 1, 1983

Plaintiffs argue correctly that the cases do not establish that specific performance is never to be granted in an employment contract case. 4 However, it is clearly true that specific performance in personal service cases … Thus, although Griffin clearly establishes that certain private conspiracies are reached by § 1985(3), it does not define precisely the scope of rights secured by the statute or assert that state action will never be required

Yong Tang v. Chertoff

493 F. Supp. 2d 148 · District Court, D. Massachusetts · Jun 26, 2007

Indeed, the title of 8 U.S.C. § 1252 (a)(2)(B), “Denials of Discretionary Relief,” (emphasis supplied), points clearly to its subject matter. … The Supreme Court found that Congress had given the FDA “complete discretion” to decide what drugs to review, and that discretion had never been meaningfully qualified. Thus, as in So.

Charles

District Court, D. Massachusetts · Jan 5, 2026

The qualified immunity doctrine shields public officials from liability for civil rights violations if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … As such, “[i]t is not always possible to determine before any discovery has occurred whether a defendant is entitled to qualified immunity, and courts often evaluate qualified immunity defenses at the summary judgment

Castro v. Beecher

365 F. Supp. 655 · District Court, D. Massachusetts · Apr 15, 1973

In technical proficiency, the policeman’s first quality is ability to communicate simply, clearly, convincingly. … What is clearly shown by the record in this case, and established by the concurrent findings of this court and the Court of Appeals, is that although, for example, in the population of the Commonwealth of Massachusetts over

Aaron v. City of Lowell

District Court, D. Massachusetts · Mar 31, 2023

Determining whether a right is “clearly established” is also a two-party inquiry. Id. … is entitled to qualified immunity at this stage.”

Garrity v. United Airlines, Inc.

421 Mass. 55 · Massachusetts Supreme Judicial Court · Aug 2, 1995

L. c. 15IB, a plaintiff in a case such as this must first establish a prima facie case by producing evidence that she is a handicapped person, that, in spite of her handicap she is qualified for the position from which she … We also are satisfied that the summary judgment material before the judge in this case clearly demonstrated Garrity’s conduct to be such that Garrity could not reasonably expect to prove that she was a “qualified handicapped

Opinion of the Justices to the House of Representatives

247 Mass. 583 · Massachusetts Supreme Judicial Court · Feb 25, 1924

Those two articles cover the taking the census, the establishment of the number of members of the House of Representatives and of the number of members of the Senate, and the manner of apportionment of the members of each … Complete and swift relief is available to every qualified citizen to get his name upon the voting fist.

The Bible Speaks v. Dovydenas

81 B.R. 750 · District Court, D. Massachusetts · Jan 25, 1988

It merely establishes the first prong of a three prong test. 2. Exertion of Undue Influence The second part of the test for undue influence asks whether the influence was, in fact, exerted. … Clerical Immunity Finally, neither churches nor clergymen are immune from judicial scrutiny. See General Council on Finance & Administration, United Methodist Church v. California Sup.

Unitt v. Spencer

District Court, D. Massachusetts · Jul 30, 2019

violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … At this point, the issue of qualified immunity turns on unresolved questions of fact.

Pease v. Burns

719 F. Supp. 2d 143 · District Court, D. Massachusetts · Jun 28, 2010

Plaintiffs selected a candidate who they aver was qualified for the position on EEC’s Professional Child Care Qualifications Registry. (Compl. at ¶¶ 44, 45.) … Sovereign Immunity. All claims against the Commonwealth and EEC are barred by the Eleventh Amendment and the doctrine of sovereign immunity.