Case law

Charette v. St. John Valley Soil & Water Conservation Dist.

332 F. Supp. 3d 316 · District Court, D. Maine · Aug 17, 2018

Therefore, to determine whether a defendant is entitled to qualified immunity, a court must consider whether the constitutional right the defendant allegedly violated was "clearly established" at the time of the violation … immunity because they did not violate a "clearly established" right.

Wellman v. Department of Human Services

574 A.2d 879 · Supreme Judicial Court of Maine · May 7, 1990

We decline to interpret the inclusion of presumption language in section 272 as precluding a corresponding presumption clearly contemplated in the overall statutory scheme, that AFDC payments made to an eligible father or … In the absence of the State’s waiver of its sovereign immunity, 12 that immunity likewise bars retroactive recovery of AFDC support reimbursements by the plaintiff class in this case.

Thiboutot v. State

405 A.2d 230 · Supreme Judicial Court of Maine · Aug 31, 1979

In view of the qualified nature of welfare rights, cases denying the defense of state immunity where plaintiff’s property has been taken by the state without just compensation cannot be relied on as precedents controlling … Little Hunting Park, Inc., 396 U.S. 229, 239-40 , 90 S.Ct. 400 , 24 L.Ed.2d 386 (1969) where the Court used language which seemed from context to imply that section 1988 (before its amendment in 1976) established a rule of

Carleton v. Fletcher

109 Me. 576 · Supreme Judicial Court of Maine · Dec 20, 1912

It is 'claimed in behalf of the plaintiff that these facts and circumstances are deafly established by the evidence. … It was a question which they were peculiarly qualified to determine, and their decision does not appear to be so manifestly wrong as to require the interposition of the Law Court to set it aside.

PLOURDE v. LEWIS

District Court, D. Maine · Mar 10, 2025

qualified immunity. … The next step in a qualified immunity analysis is to consider whether the right was clearly established when the alleged violation occurred. Id.

Black v. Sullivan

561 F. Supp. 1050 · District Court, D. Maine · Apr 13, 1983

Moreover, there are some cases in which the result would clearly change, such as the case of the aforementioned hypothetical law student who prior to his third year satisfactorily establishes that he was indeed a bona fide … qualified immunity accorded to government officials acting in good faith with the reasonable belief that their actions are constitutional.

Wyman v. Secretary of State

625 A.2d 307 · Supreme Judicial Court of Maine · May 21, 1993

Because this action was brought by Wyman against the Secretary in his official capacity, not against the Secretary personally, issues of qualified immunity are not implicated in this case. Hafer v. … The only immunities available to the defendant in an official capacity action are those that the governmental entity possesses. Id. 8 .

Nillson-Borrill v. Burnheimer

505 F. Supp. 2d 180 · District Court, D. Maine · Aug 31, 2007

Maine statutes clearly demonstrate that MCC is a state facility. Title 34-A of the Maine Revised Statutes deals with corrections. … Nickerson, 637 A.2d 1152, 1159 (Me.1994) (“qualified immunity analysis under section 1983 also applies to the MCRA”); Hegarty v. Somerset County, 848 F.Supp. 257 (D.Me.1994) (same); McLain v.

NASS v. MAINE BOARD OF LICENSURE IN MEDICINE

District Court, D. Maine · Jul 24, 2024

liability unless their conduct violated ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Courts “may address either prong of the qualified immunity analysis first,” and “[a]n official may be entitled to qualified immunity ‘based on either prong.’” Ablordeppey v.

Zuckerman Ex Rel. Zuckerman v. Coastal Camps, Inc.

716 F. Supp. 2d 23 · District Court, D. Maine · Jun 4, 2010

Anderson qualified her opinion by using terms such as “may” or “it is possible”). … In those examples, the sponsor would likely be immune under the Act.

Pebbledene Trust v. Town of York

Superior Court of Maine · Jan 27, 2004

Ceccanti, then there is no qualified immunity for the individual defendants. … The law is clear that trespass, destruction of the property of another and assault are violations of clearly established constitutional rights.

Maine State Raceways v. La Fleur

147 Me. 367 · Supreme Judicial Court of Maine · Apr 1, 1952

It has been asserted in this court on many occasions that that amendment does not prevent the proper exercise of the police power of the state, notwithstanding its prohibition of the abridgement of “the privileges or immunities … The evidence discloses clearly that the track operated by Scarborough Downs was conducted at a loss at all times, so far as the horse racing exhibited there was concerned.

State v. Goldman

281 A.2d 8 · Supreme Judicial Court of Maine · Aug 26, 1971

Boudreau’s attorney did not know whether immunity would be claimed by the witness until he actually did so. … qualified to render a decision.

Hawkes v. Commercial Union Insurance

764 A.2d 258 · Supreme Judicial Court of Maine · Jan 16, 2001

Likewise, the other two documents clearly state that Commercial Union is being released only for claims arising out of Hawkes’ employment with Giberson Buick-Pontiac and for claims stemming from the 1984 injury. … The Workers’ Compensation Board is required to establish an abuse investigation unit which, when directed by the Board, investigates complaints of illegal or improper conduct of insurers relating to workers' compensation

Wilcox v. Petit

117 F.R.D. 314 · District Court, D. Maine · Oct 9, 1987

Thus, the Plaintiffs qualify for class certification. See Ortiz v. … Regardless of the merits of Defendants’ argument, the Court cannot and will not reach the question of sovereign immunity in this motion for class certification.

United States v. Petraia Maritime Ltd.

489 F. Supp. 2d 90 · District Court, D. Maine · May 22, 2007

When these statements were made, the declarants had either cooperation and immunity agreements or use immunity agreements with the Government. … The statements are, therefore, clearly hearsay.

Currier v. Thompson

369 F. Supp. 2d 65 · District Court, D. Maine · May 11, 2005

Subparagraph 7 was clearly directed to annual and routine medical matters, such as physicals, periodic hearing aid checkups, and immunizations. … The Secretary urges this Court to remand the case to the Appeals Council to determine whether the VM qualifies under either definition. Ms.

Great Northern Paper, Inc. v. Penobscot Nation

770 A.2d 574 · Supreme Judicial Court of Maine · May 1, 2001

As with other cities and towns, however, the *586 Tribes are entitled to qualified immunity from suits in state and federal courts. … . § 6206(2) (establishing a Tribe’s qualified immunity when “acting in its governmental capacity to the same extent as any municipality”); Couturier v. Penobscot Indian Nation, 544 A.2d 306, 307 (Me.1988).

Dole v. Allen

4 Me. 527 · Supreme Judicial Court of Maine · May 15, 1827

And we are therefore of opinion that the interposition of this term, “measurably,” does not substantially change the character of the certificate; eren regarding it as used in its established and accurate sense. … If a religious professor, of exemplary piety and great purity of life, should speak of himself or be spoken of by others, as measurably conforming to the duties of i eligion, we should at once perceive that the qualifying

Fowler v. Boise Cascade Corp.

739 F. Supp. 671 · District Court, D. Maine · Jun 12, 1990

of the party to be indemnified that liability for such damages will be fastened on the indemnitor, and words of general import will not be read as expressing such an intent and establishing by inference such liability. … Maine’s strong interest in maintaining the balance struck by its Workers’ Compensation Act persuades this Court that an employer’s immunity should be respected unless the employer explicitly waives that immunity.