Case law

DeLong v. Dubois

7 Mass. L. Rptr. 47 · Massachusetts Superior Court · Jun 6, 1997

III.The DOC is entitled to qualified immunity “Qualified immunity shields public officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established … The DOC did not violate a clearly established constitutional right because DeLong did not have an enforceable liberty interest. The DOC is entitled to qualified immunity.

Woodley v. Town of Nantucket

645 F. Supp. 1365 · District Court, D. Massachusetts · Oct 17, 1986

Hunter’s Immunity Hunter asserts, however, that the doctrine of qualified immunity shields him from any civil liability arising out of plaintiff’s arrest. In Harlow v. … The defense of qualified immunity, asserted by Officer Pearson and Chief of Police Hunter as individuals, is not available to the town. Owen v.

Overton v. Torruella

183 F. Supp. 2d 295 · District Court, D. Massachusetts · Dec 26, 2001

Even if absolute immunity were not available in this case, the suit would be subject to dismissal on the basis of qualified immunity. See generally Harlow v. … The complaint does not allege facts which, if taken as true, show that the defendants violated “ ‘clearly established’ statutory or constitutional rights of which a reasonable person would have known.”

Tolman v. Finneran

171 F. Supp. 2d 31 · District Court, D. Massachusetts · Nov 14, 2001

To do so, the candidate must receive a minimum number of “qualifying contributions.” … Under Fed.R.Civ.P. 12(b)(1), the party invoking jurisdiction has the burden of proof to establish its existence. Murphy v. United States, 45 F.3d 520, 522 (1st Cir.1995).

Maher v. Town of Ayer

463 F. Supp. 2d 117 · District Court, D. Massachusetts · Nov 30, 2006

Taylor contends that she is in any event shielded from liability by qualified immunity. In assessing a claim of qualified immunity, a prescribed sequence is to be followed. … or whether a reasonable officer would have understood her actions to be in violation of that clearly established right.

Cantell v. Commissioner of Correction

87 Mass. App. Ct. 629 · Massachusetts Appeals Court · Jul 22, 2015

. § 1983 against the officials in their individual capacities, the judge ruled that the officials were not entitled to qualified immunity, because — in the judge’s view — the inmate’s due process rights clearly had been established … On the officials’ interlocutory appeal of the denial of their motion to dismiss the § 1983 claims, id. at 768 & n.3, the Supreme Judicial Court held that the officials were entitled to qualified immunity, id. at 777-778.

Citation Insurance Company v. City of Chicopee

Massachusetts Appeals Court · Apr 9, 2025

County: Hampden Keywords: Governmental Immunity. Municipal Corporations, Governmental immunity, Liability for tort. Negligence, Municipality, Governmental immunity. Massachusetts Tort Claims Act. … governmental immunity that G.

Doe ex rel. Doe v. Yunits

15 Mass. L. Rptr. 278 · Massachusetts Superior Court · Feb 26, 2001

Massachusetts law does recognize qualified immunity patterned after the federal qualified immunity under 42 U.S.C. §1983 , but that immunity applies only to discretionary functions, not ministerial acts. Duarte v. … immunity.

EIC Development, LLC v. Mystic Valley Development Commission

16 Mass. L. Rptr. 138 · Massachusetts Superior Court · Mar 26, 2003

If a reasonable person would not have known that his conduct violated a clearly established right, it does not matter whether the defendant acted with a benign or malicious intent; the defendant still enjoys qualified immunity … In these civil rights cases, the court’s resolution of the qualified immunity issue rests on whether the public official’s conduct plainly violated a clearly established constitutional or statutory right of the plaintiff.

Fish v. Lyons

9 Mass. L. Rptr. 147 · Massachusetts Superior Court · Sep 3, 1998

The present case involves an area of law that has not been defined or clearly established. … established rights of the plaintiffs, the Court rules that the individual defendants are entitled to qualified immunity.

Doyle v. Dukakis

634 F. Supp. 1441 · District Court, D. Massachusetts · May 16, 1986

Second, the defendants Sifinger, Singer, and Anthony urge the defense of qualified immunity. That defense cannot prevail on this record. In Harlow v. … The Court reasoned that the right not to be dismissed from employment at the agency solely for exercising one’s free speech rights was clearly established at the time of Campana’s dismissal.

Graham v. Roberts

200 Mass. 152 · Massachusetts Supreme Judicial Court · Nov 12, 1908

, but, if established, what the provisions of the charter should be.” … him to be of good moral character and qualified to perform the duties of the office. “ 6.

Greenwood v. Town of Easton

444 Mass. 467 · Massachusetts Supreme Judicial Court · Jun 10, 2005

L. c. 258, § 10 (b), if the town’s conduct qualifies as a discretionary function. Although Whitney v. … Ware, 392 Mass. 745, 753 (1984) (no immunity where police officer failed to remove intoxicated motorist from roadway in accordance with established statutory provisions); Whitney v.

Torname v. Phair

2 Mass. Supp. 869 · District Court, D. Massachusetts · Oct 30, 1981

Defendant Trabucco raises the affirmative defense of qualified immunity. … Trooper Phair enjoys the same defense of qualified immunity as Superintendent Trabucco.

Massachusetts Department of Correction v. Massachusetts Commission Against Discrimination and Pamela Scanlan

Massachusetts Superior Court · Jan 15, 2019

A moving party bears a heavy burden of establishing that an agency's decision is invalid. See Merisme v. Board of Appeals on Motor Vehicle Policies and Bonds, 27 Mass. App. Ct. 470, 474 (1989); Mass. … Applying these requirements, the motion judge correctly concluded that the MCAD decision should be given preclusive effect. -4- [T]he MCAD qualifies as a "court of competent jurisdiction" because it is "a tribunal recognized

Berk v. Kronlund

Massachusetts Appeals Court · Jun 14, 2023

"In interpreting similar qualified immunities and privileges, Massachusetts decisions are uniform in holding that, once immunity has been invoked, the burden of overcoming the immunity rests exclusively with the plaintiff … Here, we conclude that the defendant was entitled to qualified immunity under G.

Schiller v. Strangis

540 F. Supp. 605 · District Court, D. Massachusetts · Jun 4, 1982

On these facts, Picchione is not entitled to a qualified immunity from liability. D. … immunity.”

Guzzi v. Dennehy

25 Mass. L. Rptr. 207 · Massachusetts Superior Court · Jan 14, 2009

The defendants here move for summary judgment on the federal claims, arguing that they did not violate any clearly established First Amendment rights of the plaintiffs and are in any event, immunized from suit by qualified … immunity.

Commonwealth v. Widener

Massachusetts Appeals Court · Jun 15, 2017

Evidence, Immunized witness, Prior conviction. Witness, Immunity. Assault and Battery by Means of a Dangerous Weapon. … testimony of an immunized witness was not sufficient to convict  9 Second, even if Tobin and Long qualified as immunized witnesses under § 20E, their

Doe v. Commissioner of Transitional Assistance

437 Mass. 521 · Massachusetts Supreme Judicial Court · Aug 15, 2002

, qualified aliens. … In contrast, the Massachusetts statute establishes a program open only to aliens, imposes a residency requirement on all who are qualified to apply for its benefits, and does not harm aliens by barring them from the benefits