Case law

Commonwealth v. Wood

398 Mass. 135 · Massachusetts Supreme Judicial Court · Jul 29, 1986

To carry a firearm lawfully within the Commonwealth, a person must either possess a valid license or qualify for one of the exemptions to the licensing requirements. See Commonwealth v. Seay, 376 Mass. 735, 739 (1978). … Our interpretation of this statute is “consistent with our firm and established view of the prohibitions of § 10 (a).” See Commonwealth v.

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.

Commonwealth v. Markvart

437 Mass. 331 · Massachusetts Supreme Judicial Court · Jul 18, 2002

Finally, we see no indication of a legislative intent to prohibit a district attorney or the Attorney General from providing such materials, *335 as clearly could have been indicated by the addition of the word “only” after … L. c. 123A, § 14 (c), because unless allegations are established as fact, it is not known whether complainants in fact are victims.

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.

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

In re Lupo

447 Mass. 345 · Massachusetts Supreme Judicial Court · Jul 28, 2006

her eligibility for Medicaid assistance in the event that she should enter a nursing home, and advised her, as the hearing committee found, that she would have to “spend-down” her funds if she sold her house in order to qualify … The complainant shall be immune from civil liability based on his or her complaint; provided, however, that such immunity from suit shall apply only to communications to the Board or the bar counsel and shall not apply to

Iasigi v. Shaw

167 Mass. 328 · Massachusetts Supreme Judicial Court · Jan 8, 1897

This question is to be determined by ascertaining the intention of the creator of the trust. . . . ‘ Such provision need not be in express terms, but it is sufficient if the intention is clearly to be gathered from the instrument … The will established a trust for his wife, the income of which was to be paid to her in equal quarter-annual payments, but no payments should be made in anticipation, or except upon her written order or request.

Jackson v. Sargent

394 F. Supp. 162 · District Court, D. Massachusetts · Feb 4, 1975

The plaintiffs claim that this underrepresentation establishes a prima facie case of racial discrimination. … Since state subdivisions are immune from liability under § 1983, they contend that this Court has no subject matter jurisdiction over the action.

Cohasset Heights, Ltd. v. Zoning Board of Appeals

53 Mass. App. Ct. 116 · Massachusetts Appeals Court · Oct 29, 2001

A judge of the Land Court ruled that the permit thus did not qualify as a prior nonconforming use. We reverse and hold that under G. … It clearly establishes that issuance of a special permit marks the beginning of protection as a prior nonconforming use from subsequent zoning changes.

Gunter v. Cicero

District Court, D. Massachusetts · Mar 11, 2019

“A government official sued under § 1983 is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Here, because the court already determined Defendants violated Plaintiff’s clearly- established constitutional rights, only the second prong of the qualified immunity analysis is at issue. 1.

Caiani v. Town of Walpole

624 F. Supp. 311 · District Court, D. Massachusetts · Dec 13, 1985

Probable cause must “clearly” be lacking at the time the warrant is requested in order to impose liability. Floyd v. Farrell, 765 F.2d 1, 5 (1st Cir.1985) (arrest warrant). … In this case, neither the application for the warrant nor the search itself were so clearly lacking in probable cause as to abrogate the detectives’ good faith immunity.

Jewish Geriatric Services, Inc. v. Board of Assessors of Longmeadow

61 Mass. App. Ct. 73 · Massachusetts Appeals Court · Apr 30, 2004

To qualify for the exemption, taxpayer organizations bear the burden of establishing “clearly and unequivocally,” Boston Symphony Orchestra, Inc. v. … Given the current statutory framework and the facts presented in this case, we uphold the board’s ruling that Ruth’s House does not serve a charitable purpose and thus does not clearly and unequivocally qualify for a property

Sena v. Commonwealth

417 Mass. 250 · Massachusetts Supreme Judicial Court · Mar 10, 1994

parties is not precluded [where] [t]he party against whom preclusion is sought could not, as a matter of law, have obtained review of the judgment in the initial action . . . .” 8 The defendants also raised the issue of qualified … immunity.

In Re: Administrative Subpoena Blue Cross Blue Shield of Massachusetts, Inc.

400 F. Supp. 2d 386 · District Court, D. Massachusetts · Nov 18, 2005

As such, Congress extended qualified immunity from suit to those conducting such peer reviews. 42 U.S.C. § 11111 (a)(2) (2005). … Given that the HCQIA already provides for qualified immunity from suit for those participating in peer reviews and that the production of documents would be subject to a protective order to preserve confidentiality, any concerns

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

Kahn v. Secretary of Health, Education, & Welfare

53 F.R.D. 241 · District Court, D. Massachusetts · May 21, 1971

It is ordered that the following facts 2 be taken as established against defendants: 1. … Dubois — are clearly protected freedoms of speech and association under the First Amendment.

Commonwealth v. Starkus

69 Mass. App. Ct. 326 · Massachusetts Appeals Court · Jun 13, 2007

Victim’s statements to qualified examiners. … The victim’s statements, describing her own experience, clearly constitute independently admissible *338 evidence and, therefore, may properly be relied upon by a qualified examiner to render an opinion.

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.

Debisschop v. Longmeadow, Town of

District Court, D. Massachusetts · Jun 21, 2021

Qualified Immunity Framework "The principle of qualified immunity shields a police officer from liability for civil damages when his conduct does not violate clearly-established statutory … conduct was "clearly established at the time."'"

Estate of Afonso Brandao v. Benvie

District Court, D. Massachusetts · May 1, 2024

Qualified Immunity Defendants next argue that even if Benvie and Da Graca violated the Fourteenth Amendment, they are protected by qualified immunity. … “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