Case law

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.

Clergeau v. Department of Correction

District Court, D. Massachusetts · Jan 27, 2024

Qualified immunity shields government officials “from liability for civil damages” when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … However, Defendants would not be entitled to qualified immunity if the facts establish that Clergeau continued to be beaten well after the officers knew the use of force was no longer necessary. Hope v.

Gebre v. Rice

462 F. Supp. 2d 186 · District Court, D. Massachusetts · Nov 21, 2006

Our cases have long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control. … Moreover, it is one of the earliest cases on the topic and was issued in a circuit that since has clearly rejected its approach. See Iddir, 301 F.3d 492 (7th Cir.2002).

Mulloy v. United States

884 F. Supp. 622 · District Court, D. Massachusetts · Mar 31, 1995

The Inspector General’s report indicated that six recruiting experts “clearly opined that had any one person involved with PVT Gates’ enlistment process complied with established policies, regulatory guidance, proper procedures … Bembenista while she was in its custody, since she was clearly in no position to protect herself.

Baker v. Parsons

434 Mass. 543 · Massachusetts Supreme Judicial Court · Jul 12, 2001

Ann. tit. 12, § 1443.1 [1993]); Rhode Island (petition immune from suit unless subjectively and objectively baseless; see R.I. Gen. … Laws §§ 9-33-1 — 9-33-4 [1997]); Tennessee (immunity from SLAPP suits unless petition knowingly or recklessly false; see Tenn.

Abbott Biotechnology Ltd. v. Centocor Ortho Biotech, Inc.

35 F. Supp. 3d 163 · District Court, D. Massachusetts · Apr 16, 2014

Weinblatt’s contribution was merely an explanation of known concepts, and therefore he does not qualify as an inventor. Dr. … All told, the record does not clearly resolve the complex questions of fact regarding the adequacy of the written description.

Williams v. SECR. OF EXECUTIVE OFFICE OF HUMAN SERV.

414 Mass. 551 · Massachusetts Supreme Judicial Court · Mar 11, 1993

It is within the discretion of the agency to determine priorities for allocation of resources among services where the enabling statute does not itself clearly establish particular priorities. … Currently there are no guidelines on whether a State mental health system has satisfactorily established the "most integrated setting appropriate to the needs of qualified individuals with disabilities." 28 C.F.R. § 35.130

Cambridge Place Investment Management, Inc. v. Morgan Stanley & Co.

32 Mass. L. Rptr. 1 · Massachusetts Superior Court · Jan 23, 2014

Documents that A has prepared in anticipation of the litigation would be within the qualified immunity in his own suit but would be freely discoverable by defendant on a subpoena duces tecum issued in connection with the … Cambridge Place and BLBG have the burden of establishing their entitlement to work product protection. Matter of the Reorg. of Elec. Mut. Liab. Ins. Co. Ltd. (Bermuda), 425 Mass. 419, 421 (1997).

Commonwealth v. Murungu

450 Mass. 441 · Massachusetts Supreme Judicial Court · Jan 16, 2008

Explaining that Simu’s testimony demonstrated that she did not qualify as a complaint witness, he allowed the mother to testify as a substitute first complaint witness. … Simu’s trial testimony clearly appeared biased in favor of the defendant. 8 Contrary to Commonwealth v. King, supra, two complaint witnesses were permitted to testify. This was error.

Andover Savings Bank v. Commissioner of Revenue

387 Mass. 229 · Massachusetts Supreme Judicial Court · Aug 25, 1982

Nevertheless, such regulation does not alter the essential purpose for which mutual banks are established. … Maryland, 17 U.S. (4 Wheat.) 316 (1819), no longer require that national banks be immune from State taxation. See First Agricultural Nat’l Bank v.

State Room, Inc. v. MA-60 State Associates, L.L.C.

84 Mass. App. Ct. 244 · Massachusetts Appeals Court · Sep 13, 2013

Each party would then appoint a qualified independent appraiser; those two would appoint a third qualified appraiser. … Appraisal work and results occurring within those limits, or intra vires, even if allegedly mistaken, remain immune from review.

Baptista v. Hodgson

District Court, D. Massachusetts · Jan 24, 2019

Finally, “[u]nder the doctrine of qualified immunity, police officers are protected ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … To defeat qualified immunity, “‘the facts alleged or shown by the plaintiff” must ‘make out a violation of a constitutional right’ and the right must have been ‘clearly established’ at the time of the defendant’s alleged

Rivera v. Nolan

596 F. Supp. 2d 162 · District Court, D. Massachusetts · Feb 9, 2009

A decision is “contrary to” clearly established federal law “if the state court arrives at a conclusion opposite to that reached by [the Supreme Court] on a question of law or if the state court decides a case differently … The Merits The clearly established federal standard at issue here has been set out in Brady and its progeny.

Commonwealth v. Murray

135 Mass. 530 · Massachusetts Supreme Judicial Court · Oct 1, 1883

The transaction is alleged to have taken place when the defendant “ was lawfully brought before - the District Court of Central Berkshire, a court duly and legally established, and before Joseph Tucker, Esquire, the standing … It further alleges that said Tucker was then and there lawfully presiding in said court, and that he was a judicial officer duly qualified to perform the duties of his office as such.

Rolland v. Cellucci

52 F. Supp. 2d 231 · District Court, D. Massachusetts · Jun 4, 1999

, 448 U.S. 1 , 100 S.Ct. 2502 , 65 L.Ed.2d 555 (1980), except “where Congress has foreclosed such enforcement of the statute in the enactment itself and where the statute did not create enforceable rights, privileges or immunities … In essence, “[t]he relevant question is whether the action ... whose reasonableness is commanded has been clearly delineated and is *240 susceptible of judicial enforcement.”

Richards v. City of Lowell

472 F. Supp. 2d 51 · District Court, D. Massachusetts · Jan 31, 2007

In any event, the record indicates that the MOA did not clearly define the respective roles of the City and the GLWIB in carrying out the purposes of the WIA. … Moreover, Przydzial and McQuaid argue that even if they violated Richards’ constitutional rights, they are shielded from liability by the doctrine of qualified immunity.

United States v. Duval

957 F. Supp. 2d 100 · District Court, D. Massachusetts · Jul 17, 2013

Accordingly, if Shepard-approved documents do not clearly identify the specific offense of conviction, “the conviction may only serve as a predicate offense if each of the possible offenses of conviction would qualify as … Duval’s decision to assault the victim a second time after walking away establishes an intentional, as opposed to reckless, mens rea.

Hudson v. Dennehy

568 F. Supp. 2d 125 · District Court, D. Massachusetts · Jul 25, 2008

The court found that the defendants were exempt from any claims of monetary damages under qualified immunity. Hudson v. Maloney, 326 F.Supp.2d 206, 214 (D.Mass.2004). … Congress clearly anticipated that the PLRA would apply to RLUIPA claims: "Nothing in this chapter shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that

Tracy v. Cambridge Junior College

364 Mass. 367 · Massachusetts Supreme Judicial Court · Dec 12, 1973

These necessary elements of proof are established by the application of G. L. c. 152, §§ 1, 66, and 67. … As her work was clearly compatible in character with jobs previously held covered, her potential professional career was irrelevant to the question at hand.

Whitehall Co. v. Merrimack Valley Distributing Co.

56 Mass. App. Ct. 853 · Massachusetts Appeals Court · Dec 30, 2002

for “State action” immunity from the antitrust laws under the principles articulated by the Supreme Court of the United States in Parker v. … L. c. 138, §§ 25B, 25D, to immunize them from the antitrust laws.