Case law

Caranci v. Pillarisetty

21 Mass. L. Rptr. 627 · Massachusetts Superior Court · Oct 25, 2006

The residents assert that they are public employees and thus are immune from suit under G.L.c. 258, §2. … Subparts B and C of Part II provide that the University is to ensure that residents are properly qualified, licensed, and insured against liability, and “shall establish and implement personnel and institutional policies,

United States v. Gautier

590 F. Supp. 2d 214 · District Court, D. Massachusetts · Dec 23, 2008

On that date, I also raised sua sponte the issue of whether the juvenile *221 offenses Gautier committed in 1998 were clearly separate predicates. … Because the government cannot establish that he pleaded to Prong (1) rather than to Prong (2) — as it must— it cannot look to this conviction for a qualifying violent felony.

Flipp v. Town of Rockland

613 F. Supp. 2d 141 · District Court, D. Massachusetts · Apr 30, 2009

Flipp claims she was qualified for the position and the only member of the municipal union to apply for it. By late May, 2007, the position was still vacant. … There, the court clearly states that it is applying the McDonnell Douglas framework but identifies the fourth factor as requiring that “the position remained open or was filled by a person with similar qualifications.”

Adoption of Imelda

72 Mass. App. Ct. 354 · Massachusetts Appeals Court · Aug 14, 2008

She argues that the evidence does not clearly and convincingly establish that she is currently unfit. … However, medical staff also noted that the mother had brought the child in for previous immunizations and treatment for asthma and that the child’s immunizations were up to date.

Benner v. Demoura

District Court, D. Massachusetts · Mar 30, 2022

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

Inhabitants of Hadley v. Trustees of Hopkins Academy

31 Mass. 240 · Massachusetts Supreme Judicial Court · Sep 15, 1833

The establishment of the grammar school, is coupled immediately with that of the college, which, although it must necessarily be established in some place, and so is local in its existence, yet is necessarily public and general … In regard to the other donations set forth in the bill, it appears to us that they clearly follow the principal one, derived from Hopkins.

Bailey v. Shriberg

31 Mass. App. Ct. 277 · Massachusetts Appeals Court · Aug 26, 1991

The proper measure of damages for nuisance is well-established: “If the injury [caused by the nuisance] is continuous but subject to termination by the later act of the wrongdoer, the measure [of damages]' is the lessened … A party is deemed to be a prevailing party under this section if he would qualify as a prevailing party under the corresponding Federal statute, 42 U.S.C. § 1988 (1988). 4 Batchelder v.

United States v. Brown

322 F. Supp. 2d 101 · District Court, D. Massachusetts · Jun 25, 2004

Even assuming that Simmons should have qualified the assertion that the debt involved drugs, the most that can be said is that Simmons was negligent for failing to reference all of the reports, rather than relying solely … SO ORDERED. 1 .The affidavit also included inflammatory admissions made by Brown during the earlier drug trafficking investigation under terms of a use immunity agreement entered with the United States Attorney's Office..

Callahan v. A. J. Welch Equipment Corp.

36 Mass. App. Ct. 608 · Massachusetts Appeals Court · Jun 3, 1994

Star Brewing Co., 303 Mass. 53, *614 54 (1939)(party seeking indemnification must establish that it was legally obligated to make payment). The judgment is vacated. … Welch’s claim for contribution against Sutton was dismissed before trial because Sutton, as the plaintiff’s employer, was immune from tort liability based on its payment of workers’ compensation benefits to the plaintiff.

Holdsworth v. Healey

249 Mass. 436 · Massachusetts Supreme Judicial Court · Jun 12, 1924

It has been long established. There appears to be no reason for relaxing it. The case at bar is within the express authority of numerous of our decisions. Thurston v. Percival, 1 Pick. 415 . Lathrop v. … It is clearly distinguishable from cases like Taylor v. Rosenberg, 219 Mass. 113 , Bennett v. Tighe, 224 Mass. 159 , and Reed v. Chase, 238 Mass. 83 .

Jenkins v. Inhabitants of Andover

103 Mass. 94 · Massachusetts Supreme Judicial Court · Nov 15, 1869

The Constitution of the Commonwealth, part 2, c. 5, § 2, requires the legislature and the magistrates, among other things, to “ cherish ” “ public schools and grammar schools in the towns,” clearly referring to the schools … They shall also have the right to recommend for admission to the school such pupils of the public schools as they may deem qualified therefor.

Andrews v. Civil Service Commission

446 Mass. 611 · Massachusetts Supreme Judicial Court · Apr 28, 2006

While §§ 1 and 39 clearly contemplate that different positions (such as SIA/B and SI-C) may be in the same title, the department introduced substantial evidence, which was credited by the hearing officer, to support that … L. c. 31, § 1, as a “department, or any division, institutional component or other component of a department established by law, ordinance, or by-law.”

O'Neill v. Healy

7 Mass. L. Rptr. 370 · Massachusetts Superior Court · Aug 5, 1997

Under the statute as amended, the City may have to reinstate to its police force persons who have been convicted of serious crimes, or who have engaged in other misconduct, during a period of disability retirement, that is clearly … If the position has been filled, the member shall be granted a preference for the next available position or similar position for which he is so qualified.

Commonwealth v. Bruno

432 Mass. 489 · Massachusetts Supreme Judicial Court · Sep 29, 2000

Statute 1999, c. 74, is entitled “An Act. . . establishing civil commitment” (emphasis added). See Kansas v. Hendricks, supra at 361 . … L. c. 123, § 12 (a), after an impartial qualified physician determined her to be dangerous and mentally ill.

McNeilly v. First Presbyterian Church

243 Mass. 331 · Massachusetts Supreme Judicial Court · Jan 2, 1923

It possesses those powers, is subject to the obligations and enjoys the immunities and privileges conferred upon it by the law of the hand. … A religious society, when it becomes a corporation, rests upon the foundation established for it by the law.

Taylor Woodrow Blitman Construction Corp. v. Southfield Gardens Co.

534 F. Supp. 340 · District Court, D. Massachusetts · Feb 22, 1982

The court in that case found no jurisdiction because the suit was against the United States and it had not waived its immunity, and there was no res in HUD’s possession on which to base a recovery. … Plaintiff clearly could not rely on the first promise, since it concerned only laborers and mechanics and related to wage rates.

Lowry v. United States

958 F. Supp. 704 · District Court, D. Massachusetts · Feb 12, 1997

This Court has said that the Act, as an immunity statute, was subject to the strict construction rule. Hubsch v. … It is clearly one or the other and, being, (sic) so, the plaintiff is not limited in his recovery to the amount of his administrative claim. Alexander, 238 F.2d at 318 .

Commonwealth v. Guyton

405 Mass. 497 · Massachusetts Supreme Judicial Court · Aug 7, 1989

. *501 By adopting these standards courts and Legislatures have recognized the need for establishing an ascertainable basis for determining that a knowing and intelligent waiver has preceded the interrogation of a juvenile … Since all three of those times were in connection with the March 3, 1985, incident, however, they clearly shed no light on the defendant’s sophistication at the critical time. The present case is unlike Commonwealth v.

Cordell v. Howard

972 F. Supp. 2d 101 · District Court, D. Massachusetts · Sep 16, 2013

As described below, Cordell’s medical records establish that he was continuously monitored at FMC Devens and that his medications were adjusted as needed. … Howard cannot be sued in her official capacity or under a theory of respondeat superior (Docket No. 39 at 5 n. 5), that the defendants are entitled to qualified immunity (id. at 17 n. 10), that the complaint fails to state

Govoni v. Town of Acushnet

5 Mass. L. Rptr. 120 · Massachusetts Superior Court · Nov 17, 1995

BACKGROUND The undisputed material facts as established by the summary judgment record are as follows 1 . … Because any claim under c. 79, §16 is clearly time-barred, the Town is entitled to judgment as a matter of law. 3.