Case law

Penate v. Kaczmarek

District Court, D. Massachusetts · Jun 17, 2022

“[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” … immunity turned on the clearly established prong of the analysis.

Dopazo v. Brookline Rent Control Board

1987 Mass. App. Div. 93 · Massachusetts District Court, Appellate Division · May 18, 1987

So long as the resident owner is a bona fide owner of the property, having substantial rights and obligations with respect thereto, such person may qualify as “beneficial owner”. … Findings #6 and #7 clearly are inconsistent with finding #11, and cannot co-exist.

Ferro v. School Department

447 Mass. 1021 · Massachusetts Supreme Judicial Court · Nov 16, 2006

As drafted, the trust instrument directs the establishment of the “Moses & Mary Souza Scholarship Fund,” from which scholarships are to be awarded to qualified students graduating from New Bedford High School; after ten years … As a result of this change, the fund will qualify for tax exemption under I.R.C. § 501.

OLAMIDE OLORUNNIYO ORE v. Clinton

675 F. Supp. 2d 217 · District Court, D. Massachusetts · Dec 23, 2009

In any event, as USCIS reasoned, mere payment of salary does not establish a person’s managerial role. See id. 2. … Specifically, it reasonably concluded that the petitioner had not established (1) the managerial nature of Ore’s position and (2) a qualifying relationship between Elizore Properties and Elizore Nigeria.

Darius ex rel. Darius v. Briscoe

10 Mass. L. Rptr. 618 · Massachusetts Superior Court · Aug 26, 1999

Rhay 68 F.R.D. 574, 581 (1975) (plaintiffs request for documents of legal advice provided by the attorney general was important in defending against the defendants’ qualified immunity defense, that they did not act in their … Since the event took place in 1992, the Plaintiffs cause of action in 1998 would clearly fall outside the perimeters of the statute, G.L.c. 258, §4.

Eyssi v. City of Lawrence

416 Mass. 194 · Massachusetts Supreme Judicial Court · Aug 26, 1993

Moreover, “[a] statute is not to be interpreted as effecting a material change in or a repeal of the common law unless the intent to do so is clearly expressed.” Riley v. Davison Constr. … The 1985 amendment to the workers’ compensation act did not alter these established canons of statutory construction. Accord MacQuarrie v.

Massachusetts v. Wampanoag Tribe of Gay Head

36 F. Supp. 3d 229 · District Court, D. Massachusetts · Jul 1, 2014

In part, the IGRA established a regulatory structure for gaming on Indian lands and created the National Indian Gaming Commission (“NIGC”). … Graham, 489 U.S. 838, 840-42 , 109 S.Ct. 1519 , 103 L.Ed.2d 924 (1989) (defense of tribal immunity is not a ground for removal); Gully v.

Swartz v. Sylvester

District Court, D. Massachusetts · Jun 28, 2021

However, qualified immunity protects public employees “from liability for civil damages”—the type of relief Swartz seeks here—“insofar as their conduct does not violate clearly established statutory or constitutional rights … The qualified-immunity analysis employs a two-part test: (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 established

United States v. Mubayyid

476 F. Supp. 2d 46 · District Court, D. Massachusetts · Mar 8, 2007

Here, the IRS clearly had statutory and regulatory authority to inquire about Care’s proposed activities. … Absent such evidence, defendants cannot establish discriminatory effect. b.

Strong, &c.

37 Mass. 484 · Massachusetts Supreme Judicial Court · Sep 29, 1838

For these purposes he may still have to resort to a quo warranto, and possibly before he can get qualified to another mandamus. … Two processes may be necessary to enable the petitioner to get possession of the office, the one to establish the legality of his own election, the other -to set aside that of the incumbent.

WJM, Inc. v. Massachusetts Ex Rel. Department of Public Welfare

84 B.R. 268 · District Court, D. Massachusetts · Dec 30, 1986

At the end of the year, each facility files a cost report, known as an RSC-1, which is ultimately used to establish the final payment rate for that year. … Section 106 of the Bankruptcy Code contains a specific statutory waiver of sovereign immunity applicable to this case.

Seder v. Kozlowski

311 Mass. 30 · Massachusetts Supreme Judicial Court · Feb 25, 1942

The decree dismissing the appeal from the final decree after rescript, therefore, stands, and such final decree is immune from attack since there is no effective appeal therefrom. … It merely established facts preparatory to the entry of a final decree.

Santos

461 Mass. 565 · Massachusetts Supreme Judicial Court · Feb 22, 2012

Although the judge clearly did not so intend, the instruction *574 could have led the jury to believe that by legislative directive, more weight ought to be given to the conclusions of the Commonwealth’s witnesses than to … General Laws c. 123A, § 6A, as appearing in St. 1993, c. 489, § 4, established a five-member community access board (CAB), affiliated with the Department of Correction, which “conduces] annual reviews of and prepare[s] reports

Perez v. Boston Housing Authority

368 Mass. 333 · Massachusetts Supreme Judicial Court · Jul 10, 1975

The result we have reached is clearly required by the law. … The weakness of this argument lies in the fact that the position of the tenants clearly must rely in part on the provisions of c. 121B in so far as that statute establishes powers and responsibilities of the Commonwealth.

Doe v. D'AGOSTINO

367 F. Supp. 2d 157 · District Court, D. Massachusetts · Apr 25, 2005

have established a genuine issue of material fact that D’Agostino’s alleged harassment constituted an invasion of Minor Plaintiffs bodily .integrity. … In her opposition to Plaintiffs' motion for summary judgment, D'Agostino argued that she was entitled to qualified immunity.

Schaick v. Church of Scientology of California, Inc.

535 F. Supp. 1125 · District Court, D. Massachusetts · Mar 26, 1982

We then turn to those claims against which the First Amendment affords no immunity. … religion over another” by taking judicial notice of the fact that an established religion is a bona fide religion while refusing to give similar treatment to a less established religion.

Williams v. Northfield Mount Hermon School

504 F. Supp. 1319 · District Court, D. Massachusetts · Jan 16, 1981

However, these acts are properly attributed to the single entity Northfield Mount Hermon School, which clearly cannot conspire with itself. … Ely and myself, it was concluded that you would appear before the All-School Judicial Commission, an option to which you were clearly entitled.

In re Chapman

482 Mass. 293 · Massachusetts Supreme Judicial Court · May 16, 2019

The civil commitment procedures established by statute in Massachusetts differ greatly depending on whether an individual is alleged to be dangerous by reason of mental illness under G. … If this report "clearly indicate[d]" that the prisoner was a sexually dangerous person, the Commonwealth would petition for commitment, and the court would hold a hearing to determine whether the individual was in fact sexually

Rosa v. Lawrence Housing Authority

District Court, D. Massachusetts · Jul 20, 2021

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … (2) that the right infringed upon was not clearly established at the time of the alleged violation.

Cornwall v. Forger

27 Mass. App. Ct. 336 · Massachusetts Appeals Court · May 22, 1989

Perhaps it would be salutary if, after a certain time, a chain of title based on a recorded deed were immune to collateral attack. … Revision of established law concerning periods of limitation is, however, a task properly within the province of the Legislature. 6 The Land Court judge rightly decided that the plaintiffs had not established an ownership