Case law

In the Matter of a Grand Jury Investigation

470 Mass. 399 · Massachusetts Supreme Judicial Court · Jan 12, 2015

L. c. 276, § 1, “cannot... be used as a shield to protect clearly inculpatory evidence . . . from the reach of the law,” the judge determined that a subpoena could issue compelling the law firm to turn over the telephone, … We leave for another day the question whether and under what circumstances the prolonged retention by counsel of client documents unprotected or no longer protected by any privilege might qualify as secreting under the meaning

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

Graham v. United States (In Re Malmart Mortgage Co.)

109 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Dec 15, 1989

its immunity to suit by filing a proof of claim against the estate. … But Randall itself does not clearly set forth its own rationale, so its bearing on the present case is unclear.

Yarde v. Mici

District Court, D. Massachusetts · Jan 30, 2024

The new allegations 2 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 … To determine whether qualified immunity applies, the court must determine (1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right, and (2) whether the right at issue was clearly

Davis v. Lehane

89 F. Supp. 2d 142 · District Court, D. Massachusetts · Mar 29, 2000

The Supreme Court, however, has admonished that “courts should be loathe to do so in the absence of extraordinary circumstances such as where the initial decision was ‘clearly erroneous and would work a manifest injustice … This is all the more so since Lincoln, the government’s chief witness, was so clearly an amoral liar pursuing the main chance.

Dearborn v. Inhabitants of Brookline

97 Mass. 466 · Massachusetts Supreme Judicial Court · Oct 15, 1867

The words “ not exceeding ” in that sentence do not necessarily qualify and limit the entire first clause. … But it is obvious that this could not be established at any precise sum or measured by any fixed standard.

In re Prager

422 Mass. 86 · Massachusetts Supreme Judicial Court · Feb 15, 1996

This court has clearly established the standard of rehabilitation required for reinstatement after disbarment. … Supreme Judicial Court Rule 3:01 § 5, as appearing in 411 Mass. 1321 (1992), sets out the procedures for admitting those applicants found qualified and the dismissal of the petitions of those applicants found not qualified

Harlow v. Chin

405 Mass. 697 · Massachusetts Supreme Judicial Court · Oct 19, 1989

L. c. 231, § 60G, because the Federal statute establishing the Medicare benefits also establishes a Federal right of subrogation. 42U.S.C. § 1395y(b)(l) (1982). 14 A more difficult issue is presented with regard to Medicaid … Thus, the hospital is clearly a charitable organization.

McMillan v. Massachusetts Society for the Prevention of Cruelty to Animals

880 F. Supp. 900 · District Court, D. Massachusetts · Mar 17, 1995

“[C]ase precedent clearly reflects that isolated and ambiguous statements ... ‘are too abstract, in addition to being irrelevant and prejudicial, to support a finding of [sex] discrimination.’ ” Gagne v. … Finally, the MSPCA argues that its tort liability is limited to $20,000 by the charitable immunity statute, G.L. c. 231 § 85K.

Ford v. City of Worcester

339 Mass. 657 · Massachusetts Supreme Judicial Court · Nov 4, 1959

The rule of the decisions just cited clearly had no relevance to the testimony of certain witnesses called by the petitioners. … When the agricultural agent testified, however, apart from the fact of former use for chicken farming (which had been established by Ford’s testimony), the most substantial evidence in the case that adaptability of the premises

American Institute of Architects v. Attorney General

332 Mass. 619 · Massachusetts Supreme Judicial Court · Jun 3, 1955

The object of the devisee, as a legally established public charity, was well known to the testator. … We are fortified in our by what is said in the introductory note to c. 11 of the Restatement: Trusts, where the distinction between private trusts and charitable trusts is clearly stated and differences in their characteristics

Wiener v. Wampanoag Aquinnah Shellfish Hatchery Corp.

16 Mass. L. Rptr. 659 · Massachusetts Superior Court · Jun 13, 2003

The Tribal Ordinance created a Tribal Land Use Commission and established a permit process, but does not provide a mechanism for judicial review of permit decisions. … While this language clearly contemplates that federal recognition of the Tribe would impact its relationship vis avis the Town, this Court concludes that as an expression of waiver of sovereign immunity from suit, the reference

Commonwealth v. Purdy

408 Mass. 681 · Massachusetts Supreme Judicial Court · Nov 27, 1990

Purdy was then examined by a single qualified examiner. … The amendment established a more rigorous procedure for instituting commitment proceedings under § 6.

Mangan v. Howard

238 Mass. 1 · Massachusetts Supreme Judicial Court · Mar 3, 1921

This finding of fact would be conclusive were it not for the contention that the donor intended to retain and did retain dominion and control over the bonds by her declarations and the alleged qualifying words which accompanied … such; and we find nothing in the declaration of the donor when she made the delivery of the bonds to the donee which makes such a finding of fact clearly wrong and a legal impossibility.

Lee v. President & Fellows of Harvard College

60 Mass. App. Ct. 836 · Massachusetts Appeals Court · Apr 20, 2004

For purposes of establishing a triable claim of age discrimination under G. … decision; and that the employer sought to replace him with a younger person who was no more qualified than the plaintiff.

Masciari v. Town of Belmont

District Court, D. Massachusetts · Nov 10, 2020

Defendants assert a defense of qualified immunity. Def’s Mem. in Support of Mot. for Summary Judgment (“Defs’ Mem.”) 8-10 [#27]. … immunity.

Hill

422 Mass. 147 · Massachusetts Supreme Judicial Court · Feb 23, 1996

Stewart was qualified, his testimony was neither credible nor persuasive. … “Qualified examiner” is defined in G. L. c. 123A, § 1 (1994 ed.). Dr.

Radler v. Turco

District Court, D. Massachusetts · Jun 8, 2020

Qualified Immunity Defendants argue that they are entitled to qualified immunity on Plaintiff’s surviving claims. … ’s claims on qualified immunity grounds at this juncture.

LaRosa v. United Parcel Service, Inc.

23 F. Supp. 2d 136 · District Court, D. Massachusetts · Oct 1, 1998

Here, UPS asserts that LaRosa cannot establish that he was a “qualified handicapped person” because “an employee who engages in misconduct [i.e., the stealing of time] cannot show he is qualified for purposes of establishing … Such a holding would be clearly contrary to Massachusetts law.