Case law

LaChance v. Commissioner of Correction

475 Mass. 757 · Massachusetts Supreme Judicial Court · Oct 21, 2016

The judge concluded that the defense of qualified immunity would therefore be unavailable to the defendants if they directly participated in this violation of LaChance's clearly established rights. … See O'Malley, 415 Mass. at 142 (plaintiffs can overcome government officials' qualified immunity defense by showing that defendants directly participated in violating plaintiffs' clearly established rights).

Navedo v. Maloney

172 F. Supp. 2d 276 · District Court, D. Massachusetts · Sep 28, 2001

With regard to certain of the A.D.A. claims, Maloney et al. take the position that (1) they are protected by qualified immunity, (2) Navedo does not qualify for protection under the A.D.A. because his physical impairments … based on clearly established law and in light of the information the officials possessed at the time of his conduct, for him to conclude that the violation was in fact lawful.

Sheila S. v. Commonwealth

57 Mass. App. Ct. 423 · Massachusetts Appeals Court · Feb 24, 2003

Qualified immunity. … immunity.

Williams v. City of Boston

771 F. Supp. 2d 190 · District Court, D. Massachusetts · Mar 24, 2011

“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 person … the right at issue was clearly established at the time of defendant’s alleged misconduct.”

Quiles v. Kilson

337 F. Supp. 2d 224 · District Court, D. Massachusetts · Feb 23, 2004

He also found a genuine issue of material fact as to whether the police were protected by qualified immunity, except with respect to Officer Kilson, who was found not to have qualified immunity. … The court must determine: 1) whether the plaintiffs’ allegations, if true, establish a constitutional violation, 2) whether the right was clearly established at the time of the alleged violation and 3) “whether a reasonable

Gilchrist v. Commissioner of Correction

48 Mass. App. Ct. 60 · Massachusetts Appeals Court · Oct 8, 1999

She ruled that the defendants were therefore protected from providing the plaintiff money damages under the doctrine of qualified immunity. … She granted the plaintiff’s motion for summary judgment on the issue of due process and denied his motion on the qualified immunity issue.

Hootstein v. Collins

928 F. Supp. 2d 326 · District Court, D. Massachusetts · Mar 8, 2013

was clearly established at the time of defendants’ actions. … to qualified immunity. .

Ward v. Hickey

781 F. Supp. 63 · District Court, D. Massachusetts · Aug 31, 1990

Fitzgerald, supra, defines the contours of the qualified immunity defense. … An official’s success in claiming a qualified immunity for his actions is dependent upon the “objective reasonableness of (his) conduct, as measured by reference to clearly established law.” Harlow v.

Coscia v. Town of Pembroke, Mass.

715 F. Supp. 2d 212 · District Court, D. Massachusetts · Jun 4, 2010

Thus, at this very preliminary stage, the allegations are clearly actionable under 42 U.S.C. § 1983 and do not entitle the officers to a finding of qualified immunity. … Qualified Immunity The individual defendants in this case argue that they are entitled to qualified immunity.

Meaney v. Dever

170 F. Supp. 2d 46 · District Court, D. Massachusetts · Sep 25, 2001

“Government officials performing discretionary functions, generally are shielded [by qualified immunity] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The granting of qualified immunity again turns on the third prong of the test: whether an objectively reasonable official would have believed that the action taken violated the clearly established constitutional right.

Lloyd v. Burt

997 F. Supp. 2d 71 · District Court, D. Massachusetts · Feb 7, 2014

Qualified Immunity Finally, Defendants contend that Count I must be dismissed because Burt is immune from the claim under the doctrine of 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 person

Edwards v. Commonwealth

477 Mass. 254 · Massachusetts Supreme Judicial Court · Jun 8, 2017

Third, Edwards contends that Patrick's spite and ill will toward her establish actual malice. … Evidence of ill will or spite is insufficient, standing alone, to establish actual malice.

Landry v. Mier

921 F. Supp. 880 · District Court, D. Massachusetts · Apr 11, 1996

Qualified Immunity 1. … Moreover, because qualified immunity affords “an immunity from suit rather than a mere defense to liability,” see Mitchell v.

McClure v. Town of East Brookfield

9 Mass. L. Rptr. 680 · Massachusetts Superior Court · Mar 11, 1999

IV.The Qualified Immunity of the defendant Hunderup. … The United States Supreme Court has held that most public officials who exercise discretionary functions are entitled to qualified immunity from liability for damages under §1983. Harlow v.

Titus v. Town of Nantucket

840 F. Supp. 2d 404 · District Court, D. Massachusetts · Nov 10, 2011

Qualiñed Immunity The next inquiry is whether the police officers are entitled to qualified immunity. … “Under 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 a reasonable

Swain v. Spinney

932 F. Supp. 25 · District Court, D. Massachusetts · Jul 5, 1996

In any event, the defendants are entitled to qualified immunity from Swain’s lawsuit. … A police officer has the benefit of qualified immunity unless the plaintiff can establish that the right she asserts was clearly established at the time of the alleged violation. St. Hilaire v.

McGrath v. Town of Sandwich

22 F. Supp. 3d 58 · District Court, D. Massachusetts · May 16, 2014

Qualified immunity protects government officials who perform discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … ) if so, whether the right was “clearly established” at the time of the defendant’s alleged violation.

Suboh v. Borgioli

298 F. Supp. 2d 192 · District Court, D. Massachusetts · Jan 7, 2004

clearly established statutory or constitutional rights of which a reasonable person would have known.” … The Court further rules that Suboh has established that her procedural due process rights were violated by Borgioli, and that Borgioli is not entitled to qualified immunity.

HOOTSTEIN v. Collins

679 F. Supp. 2d 169 · District Court, D. Massachusetts · Jan 14, 2010

clearly established at the time of defendants’ actions. … to qualified immunity. 5 .

Carey v. New England Organ Bank

17 Mass. L. Rptr. 582 · Massachusetts Superior Court · Apr 23, 2004

The Federal District Court in Lyons explains: The Uniform Anatomical Gift Act is clearly designed to balance two competing policy interests. … The Act does not compel organ donations nor does it establish a presumption that organs will be donated.