Case law

Courtemanche v. Motorola Solutions, Inc.

District Court, D. Massachusetts · May 12, 2025

MSP relies on cases involving qualified immunity, not sovereign immunity, to argue that it should be shielded from discovery. … Regarding immunity under the doctrine of qualified immunity, courts have recognized, “[w]hile ‘there is a strong public interest in protecting public officials from the costs associated with the defense of damages actions

Machado v. Weld

2 Mass. L. Rptr. 112 · Massachusetts Superior Court · Mar 29, 1994

of compensation is determined by statute; (3) plaintiffs’ claims are barred by the doctrine of sovereign immunity, Commonwealth v. … Thus, in light of the budget and appropriation procedure of this Commonwealth, “a conclusion is not warranted that the Legislature clearly intended to pay funds to a political subdivision of the Commonwealth, even if there

Suffolk Construction Co. v. Division of Capital Asset Management

449 Mass. 444 · Massachusetts Supreme Judicial Court · Jul 13, 2007

Court for the Dist. of Ariz., 881 F.2d 1486, 1494 (9th Cir. 1989) (work-product doctrine not a privilege but a “qualified immunity”). See also Mass. R. Civ. … Attorney work product, an immunity for the attorney, on the other hand, is discoverable on a showing of need. See Hickman v.

Bourne v. Gardner

District Court, D. Massachusetts · Apr 9, 2021

He instead contends that a recent decision by the United States Supreme Court indicates that defendants are not protected by the doctrine of qualified immunity. … In the R&R accepted and adopted by this Court in February, 2021, the magistrate judge specifically declined to address the qualified immunity arguments made by defendants because

Thomas v. Hedderman

District Court, D. Massachusetts · Dec 14, 2022

“Qualified immunity protects government officials from trial and monetary liability unless the pleaded facts establish ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly … Even if the officers did not have probable cause, however, there was not a violation of a clearly established right because a police officer is entitled to qualified immunity “so long as the presence of probable cause

Lee v. Board of Appeals of Harwich

11 Mass. App. Ct. 148 · Massachusetts Appeals Court · Jan 12, 1981

L. c. 40A, § 5A (as amended and in effect in 1972), requiring that when adjacent undersized lots are owned in common such lots must be combined, the three lots on the plan may not have qualified as separate lots in 1966, … The purpose of this conveyancing maneuver is to retain for all lots in a subdivision certain immunities against future zoning changes and mandated changes in the subdivision plan (see, for example, G.

Vickowski v. Hukowicz

201 F. Supp. 2d 195 · District Court, D. Massachusetts · Mar 13, 2002

Qualified Immunity Finally, Defendants argue that qualified immunity protects Hukowicz from individual liability with respect to Counts I and II. … “Qualified immunity shields government officials performing discretionary functions from civil liability for money damages when their conduct does not violate clearly established statutory or constitutional rights of which

Edwards v. Warren Linoline & Gasoline Works

38 L.R.A. 791 · Massachusetts Supreme Judicial Court · Jun 15, 1897

Such association is treated in the statute as a partnership which, upon the performance of certain acts, shall possess specified rights and immunities. … Many other instances of legislation might be given where the distinction between a corporation proper and a mere association or organization is shown to be clearly in mind.

Tosi v. Boston Rent Control Board

13 Mass. App. Ct. 921 · Massachusetts Appeals Court · Feb 1, 1982

In addition, the landlord was not able to establish that the six units and the building were substantially as good as new after rehabilitation. … The judge’s findings are supported by the evidence, and thus cannot be deemed clearly erroneous.

Middlesex Savings Bank v. Johnson

777 F. Supp. 1024 · District Court, D. Massachusetts · Sep 9, 1991

The Judgment Creditors did not qualify as “judgment lien creditors” on July 19, 1989 — the date the United States filed its notice of tax lien. … Section 2410 waives the sovereign immunity of the United States so as to permit its joinder as a party in certain cases where a lien is involved.

Fairbanks v. Danvers, Town of

District Court, D. Massachusetts · May 10, 2019

Qualified immunity shields government officials from civil liability unless 1) the plaintiff’s allegations establish a violation of a protected right, 2) that right was clearly established … should have been aware of its parameters and thus defendants are not entitled to qualified immunity.

Haskins v. Warren

115 Mass. 514 · Massachusetts Supreme Judicial Court · Sep 7, 1874

If he proceeds to deliver without insisting upon payment, and without qualifying the act in some way. the condition or mutual dependence is waived or severed. … If the seller intends to insist upon either he must refuse the indulgence, or protect his right by a special and qualified delivery.

Fofana

District Court, D. Massachusetts · Jan 27, 2026

Qualified Immunity Qualified immunity protects public officials in their individual capacity and may shield an officer from civil liability unless the officer violates clearly … Because qualified immunity is an immunity from suit, an officer's claim of qualified immunity “ought to be resolved as soon as possible in [the] litigation.” Norton v. Rodrigues, 955 F.3d 176, 183 (1st Cir. 2020).

Blunt v. Little

3 F. Cas. 760 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1822

It was most clearly established at the trial, that the defendant had no just cause of action to support the arrest, on which the present suit is founded. … Gunning, 4 Term R. 651, it has been qualified or overturned in Chambers v. Caulfield, 6 East, 244, and Hewlett v. Cruchley, 5 Taunt. 277. It is indeed an exercise of discretion full of delicacy and difficulty.

Minarik Elec. Co. v. Electro Sales Co., Inc.

223 F. Supp. 2d 334 · District Court, D. Massachusetts · Sep 26, 2002

The Standard The applicable standard when deciding a motion to dismiss under Rule 12(b)(6), Fed.R.Civ.P., is firmly established. … A court's decision granting summary judgment qualifies as a final judgment for res judicata purposes: "It is well established that summary judgment is a final judgment on the merits for purposes of res judicata.

Commonwealth v. Hackett

84 Mass. 136 · Massachusetts Supreme Judicial Court · Jan 15, 1861

We are disposed to apply the rule strictly, and to exclude everything which does not clearly come within its just and proper limitations. … A different doctrine would tend to give immunity to crime, and to take away from human life a salutary and essential safeguard.

Booth v. Kornegay

452 Mass. 1005 · Massachusetts Supreme Judicial Court · Aug 19, 2008

Facts. 5 The settlor established the trust in January, 1995; he died on October 1, 1999. … In particular, “[w]e have allowed the reformation of trust instruments which produced tax results that were clearly inconsistent with the settlor’s tax objectives.” Id., quoting Bank-Boston v.

Russell v. Cooley Dickinson Hospital, Inc.

437 Mass. 443 · Massachusetts Supreme Judicial Court · Aug 8, 2002

To establish a prima facie case for employment discrimination on the basis of handicap, the plaintiff must show that she was terminated, that she is “handicapped,” that she is a “qualified handicapped person,” and that she … The defendants argue and the judge concluded that the plaintiff cannot establish that she is a qualified handicapped person because at all relevant times she was collecting disability benefits on the basis of being “temporarily

American Telephone & Telegraph Co. v. IMR Capital Corp.

888 F. Supp. 221 · District Court, D. Massachusetts · May 10, 1995

Has Massachusetts Clearly Articulated a Policy? … I agree with NET that its tariffed rates, which are the product of an extensive investigation and review by the DPU, express a clearly articulated and actively supervised state policy, and are therefore immune from antitrust

Mauri v. Zoning Board of Appeals

83 Mass. App. Ct. 336 · Massachusetts Appeals Court · Feb 22, 2013

LLC), clearly establishes that abutters raising unrefuted issues related to overcrowding have standing to challenge further construction in an already overly dense zoning district. See Dwyer v. Gallo, 73 Mass. App. … Although espoused in terms of privacy concerns, the deposition testimony of Maureen Mauri clearly indicates that she is aggrieved by construction of a dwelling which she contends violates the density provisions of the zoning