Case law

United States v. Butt

745 F. Supp. 34 · District Court, D. Massachusetts · Jul 30, 1990

Clearly, Semon knew that the prosecutor was referring to illegal receipt of money because he responded, “No Ma’am, and that was my job to investigate that.” … Relatedness can be established by “demonstrating that essentially the same facts must be shown for each of the consolidated crimes.” Id. at 908.

Feeney v. Dell Inc.

465 Mass. 470 · Massachusetts Supreme Judicial Court · Jun 12, 2013

commitment to consumer protection legislation, to insulate themselves from small value consumer claims creates the potential for countless customers to be without an effective method to vindicate their statutory rights, a result clearly … In addition, and unlike the arbitration clause in Concepcion, Dell’s arbitration clause did not permit a consumer to bring qualifying claims in small claims court in lieu of arbitration.

Hale v. Washington Ins.

11 F. Cas. 189 · U.S. Circuit Court for the District of Massachusetts · May 15, 1842

And I take it to be now clearly established, that a collision is, in all cases, deemed a peril of the seas, within the words of a policy of insurance, not only when it resulted from accident (see Buller v. … But this personal responsibility does not, at least in modem times, exclude, or supersede, or qualify the right to proceed in rem against the offending ship.

Sico v. City of Cambridge

1 Mass. L. Rptr. 13 · Massachusetts Superior Court · Jul 13, 1993

Cambridge has now moved for summary judgment under Mass.R.Civ.P. 56, on the grounds that (1) it is immune from suit because the alleged negligent conduct falls within the discretionary function exception of the Massachusetts … First, no “statute, regulation, or established agency practice prescribes a course of action,” Wheeler, supra at 38 , that Cambridge must follow in designing its playgrounds or their safety features.

LaFleur v. Cicconi

13 Mass. L. Rptr. 647 · Massachusetts Superior Court · Sep 13, 2001

If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a material fact in order to defeat the motion. … other than reimbursement for actual expenses, as an officer, director or trustee of any non-profit charitable organization including those corporations qualified under 26 USC Section 501 (c)(3) shall be liable for any civil

Wheelock College v. Massachusetts Commission Against Discrimination

371 Mass. 130 · Massachusetts Supreme Judicial Court · Sep 30, 1976

We discuss for the first time the proof which is necessary to establish unlawful discrimination in violation of G. … He may meet that burden by establishing an unanswered prima facie case of discrimination.

Gallego v. Wilson

882 F. Supp. 1169 · District Court, D. Massachusetts · Apr 19, 1995

First, a single alleged incident of individual misconduct cannot establish a municipal policy or custom. See, e.g., Oklahoma City v. … The City of Boston contends it enjoys immunity under the following provision of the amended statute: (h) any claim upon the failure to establish a police department or a particular police protection service, or if police

Castagna v. Jean

District Court, D. Massachusetts · Jan 17, 2019

The Officers’ Entry Was Not Protected by Qualified Immunity Defendants argue that they are protected from liability for the entry under the doctrine of qualified immunity. Defs.’ Mem. at 14-16 [#298]. … For qualified immunity to apply, the court must explore “whether the facts that a plaintiff has alleged or shown make out a violation of a constitutional right” and “whether the right at issue was ‘clearly established’

Tomaselli v. Beaulieu

967 F. Supp. 2d 423 · District Court, D. Massachusetts · Aug 30, 2013

Varian Assocs., Inc., 436 Mass. 217 , 763 N.E.2d 1053 (2002), relied on by the plaintiffs, to qualify as a continuing tort there must be “ ‘recurring tortuous or unlawful conduct,’ ” a continuing tort “ ‘is not established … Nor will the court address the defendants' claims of qualified immunity. .

Palitz v. Zoning Board of Appeals of Tisbury

470 Mass. 795 · Massachusetts Supreme Judicial Court · Mar 3, 2015

L. c. 41, § 81R, that waiver is only valid to the extent that zoning compliance is required to qualify for an ANR endorsement. … The drafters were clearly concerned that the subdivision control law might be manipulated to encroach on other land use authorities.

Nault v. Bazarewsky

District Court, D. Massachusetts · Feb 26, 2018

qualified immunity. … The doctrine of 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 person

A.F.M. Corp. v. Corporate Aircraft Management

626 F. Supp. 1533 · District Court, D. Massachusetts · Jul 26, 1985

Clearly, A.F.M. operated its flights under at least some established policies. 41. … Evidence at trial clearly established that these reports were not actual records but merely “experimental” output of Frye’s data processing efforts.

Winfield v. Town of Andover

District Court, D. Massachusetts · Apr 4, 2018

As the constitutional rights in this area are thus not firmly established, the persons sued are entitled to qualified immunity. … “Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of

O'Connell v. Vainisi

82 Mass. App. Ct. 688 · Massachusetts Appeals Court · Oct 22, 2012

They have not established beyond speculation any diminution in the value of their property. The plaintiffs have failed to specify how any legally protected interest was damaged by the retaining wall.” … Although the plaintiffs’ deposition testimony in 81 Spooner focused mainly on aesthetic concerns and was “not versed in the terminology of zoning law,” the Supreme Judicial Court concluded that it *692 nevertheless “clearly

United States v. Snell

899 F. Supp. 17 · District Court, D. Massachusetts · Aug 25, 1995

The motion was opposed by the Government on the grounds that it would include the identities of cooperating witnesses who received immunity from the Government. … At the time of the trial, there was no Supreme Court case or statute establishing any obligation to turn over witness statements.

Chelsea Hous. Auth. v. McLaughlin

482 Mass. 579 · Massachusetts Supreme Judicial Court · Jul 9, 2019

Such intent may be "clearly expressed" *721 in one of two ways: by words in the statute itself clearly stating that the statute supersedes the common law, or by "necessary implication." … The commissioners' motion to dismiss was allowed because, as board members of a public agency who had not engaged in malfeasance, they were statutorily immune from suit. See G. L. c. 121B, § 13.

Boston Housing Authority v. Bridgewaters

452 Mass. 833 · Massachusetts Supreme Judicial Court · Jan 7, 2009

The BHA claims that Bridgewaters has not established a nexus or causal link between his disability and the assault on his brother. … not expressly establish a causal link between his mental disability and the violent assault on his brother that occurred when he was not medicated.

New Habitat, Inc. v. Tax Collector

451 Mass. 729 · Massachusetts Supreme Judicial Court · Jul 3, 2008

“Exemption from taxation is to be strictly construed and must be made to appear clearly before it can be allowed.” Springfield Young Men’s Christian Ass’n v. Assessors of Springfield, 284 Mass. 1, 5 (1933). … Ct. 596, 599 (1997) (providing residence and care to elderly and infirm helped to establish organization as charitable).

Sheffield v. City of Boston

319 F.R.D. 52 · District Court, D. Massachusetts · Oct 28, 2016

immunity defenses. … Plaintiff responds that the report is relevant to establishing its Monell claims by showing a custom of racial discrimination.

Dupre v. Falcone

3 Mass. L. Rptr. 388 · Massachusetts Superior Court · Mar 22, 1995

Plaintiffs claim that the liquor license for the Heritage Lounge should not have been renewed is clearly barred by this new exception to the Tort Claims Act. 4 B. … A public employee is immune from liability for negligent acts performed while acting within the scope of his employment. G.L.c. 258, §2.