Case law

Tyree v. Keane

400 Mass. 1 · Massachusetts Supreme Judicial Court · May 14, 1987

Fitzgerald, supra at 815 , the Supreme Court defined the objective reasonableness standard underlying the qualified immunity principle and stated that a claim for qualified immunity “would be defeated if an official ‘knew … immunity.”

Midland States Life Insurance v. Cardillo

59 Mass. App. Ct. 531 · Massachusetts Appeals Court · Oct 9, 2003

Sovereign immunity. The Lottery’s first defense to Midland’s action rested on sovereign immunity. … It has long been established that “the Commonwealth cannot be impleaded in its own courts except by its own consent, clearly manifested by act of the Legislature,” Nash v.

Rubin v. Islamic Republic of Iran

541 F. Supp. 2d 416 · District Court, D. Massachusetts · Mar 31, 2008

The next question is whether there is a qualifying “contest” sufficient to make the antiquities at issue here “blocked” under the regulations. … Whether a foreign sovereign’s immunity under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1609 , may only be asserted by that foreign sovereign. 3.

Mitchell v. City of Boston

130 F. Supp. 2d 201 · District Court, D. Massachusetts · Jan 26, 2001

Transit Auth., 124 F.3d 123, 130 (2nd Cir.1997) (refusing to dismiss a § 1983 claim that two officers violated the plaintiffs’ clearly established constitutional rights by conspiring to fabricate and forward to prosecutors … The defendants, putting all of their eggs in the absolute immunity basket, have made no argument on these motions that, absent success on this argument, they are entitled to qualified immunity.

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

Furtick v. Medford Housing Authority

963 F. Supp. 64 · District Court, D. Massachusetts · May 6, 1997

Medford who do not qualify for a federal preference; and 4) non-residents who do not qualify for a federal preference. … “The responsibility for ‘clearly and specifically setting forth facts sufficient to satisfy the Article III standing requirements’ rests with the claimant.” Adams v.

Carey v. New England Organ Bank

446 Mass. 270 · Massachusetts Supreme Judicial Court · Mar 15, 2006

L. c. 113, § 13 (c), provided them with immunity. … Where a defendant seeks summary judgment on grounds of qualified immunity in the analogous and more fully developed area of “good faith” governmental immunity, see 42 U.S.C. § 1983 (2000), the burden of providing evidence

Kent v. Commonwealth

52 Mass. App. Ct. 28 · Massachusetts Appeals Court · Jul 6, 2001

Ct. 490, 493 (1995) (appeal taken from denial of “motion for qualified immunity” filed in civil rights case after discovery). … Malinowski, 338 Mass. 58, 60 (1958) (gross negligence may be found if the defendant persisted in a clearly negligent course of conduct over an appreciable period of time).

Reyad v. Caritas Norwood Hospital, Inc.

29 Mass. L. Rptr. 79 · Massachusetts Superior Court · Aug 18, 2011

Next they assert that the affirmative defenses of qualified immunity and waiver require dismissal of all the counts in the complaint. … Does the defense of immunity require dismissal of all the plaintiffs claims? Defendants next assert the affirmative defense of qualified immunity.

Williams v. Steward Health Care Sys., LLC

480 Mass. 286 · Massachusetts Supreme Judicial Court · Aug 14, 2018

Consistent with its view of medical and legal standards, the Legislature left such determinations to qualified mental health professionals. … The Restatement continues, "well-established custodial relationships include hospitals for the mentally ill." Id .

Hill v. Selectmen of Easthampton

140 Mass. 381 · Massachusetts Supreme Judicial Court · Jan 5, 1886

The Constitution, c. 2, art. 3, provides that the qualified voters within the several towns in the Commonwealth shall vote for Governor in town meeting in presence of the selectmen and town clerk. … We think that the town of -Easthampton is the same corporate municipality which was established in 1785; and that by its “ incorporation ” the Legislature intended the act which was the commencement of its corporate existence

Mitchell v. Massachusetts Department of Correction

190 F. Supp. 2d 204 · District Court, D. Massachusetts · Mar 8, 2002

Under Rule 12(b)(1), the plaintiff, 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). … To make out a Title II claim, Plaintiff must establish the following: “(1) that he is a qualified individual with a disability; (2) that he was either excluded from participation in or denied the benefits of some public entity

Morash & Sons, Inc. v. Commonwealth

363 Mass. 612 · Massachusetts Supreme Judicial Court · May 14, 1973

has again been established by exceptions. … The inverted rule here creates an immunity, and establishes liability by exceptions.

Gray v. Florida State University (In Re Dehon, Inc.)

327 B.R. 38 · United States Bankruptcy Court, D. Massachusetts · Jun 27, 2005

entitled to claim such immunity. 10 *45 Second, the proceeding must qualify as a “suit” for purposes of the Eleventh Amendment. … qualify as suits under the Eleventh Amendment.

Larcom v. Olin

160 Mass. 102 · Massachusetts Supreme Judicial Court · Nov 10, 1893

, but, if established, what the provisions of the charter should be. … There are two petitions, one for mandamus, and one for an injunction, signed by more than twenty inhabitants, taxpayers and qualified voters, of the town of Beverly.

A.L. v. Commonwealth

402 Mass. 234 · Massachusetts Supreme Judicial Court · Apr 21, 1988

The statute governing the duties of probation officers clearly establishes a relationship between the court and the probation officer whereby the probation officer is required to fulfil his or her obligations pursuant to … We also noted that court clerks “enjoy a qualified immunity from suit and are absolutely immune for their conduct when acting at a judge’s direction.” Id. at 133 .

Chute v. City of Cambridge

201 F.R.D. 27 · District Court, D. Massachusetts · Jun 12, 2001

In cases arising under § 1983, qualified immunity will protect a public official from personal liability if that official acted in “good faith,” as defined objectively. … This “good faith” standard shields the officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Moore v. Election Commissioners

309 Mass. 303 · Massachusetts Supreme Judicial Court · Jun 23, 1941

to give or withhold their consent to the establishment of the new municipal government. … Each duly qualified voter has the same right to mark and cast his ballot as every other duly qualified voter.

Gurry v. Cumberland Farms, Inc.

406 Mass. 615 · Massachusetts Supreme Judicial Court · Feb 12, 1990

Clearly, therefore, the workers’ compensation statute was intended to deal with injuries and liability occurring in the course of the employer-employee relationship. … Therefore, we conclude that a dispute of fact existed on the question whether Cranberry Growers and Dairy were engaged in a “joint venture” that qualified them for “single employer” status under c. 152. 3.

Davis v. Rennie

997 F. Supp. 137 · District Court, D. Massachusetts · Feb 25, 1998

Zampini also seek a declaration that they are entitled to qualified immunity. … THE ISSUE OF QUALIFIED IMMUNITY Plaintiffs motion that none of the defendants is qualifiedly immune is denied, as is the motion filed by certain of the defendants seeking a declaration of their entitlement to qualified immunity