Case law

Ringuette v. City of Fall River

906 F. Supp. 55 · District Court, D. Massachusetts · Nov 9, 1995

“Qualified immunity shields state officials exercising discretionary authority from civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … has no qualified immunity from suit, presents a question of law... .

Jones v. Han

993 F. Supp. 2d 57 · District Court, D. Massachusetts · Jan 28, 2014

The qualified-immunity analysis employs a two-part test: (1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right, and (2) whether the right at issue was clearly established at … “When a supervisor seeks qualified immunity in a § 1983 action, the ‘clearly established’ prong of the qualified immunity inquiry is satisfied when (1) the subordinate’s actions violated a clearly established constitutional

Rogers v. Cofield

908 F. Supp. 2d 277 · District Court, D. Massachusetts · Dec 12, 2012

MEMORANDUM AND ORDER RE: QUALIFIED IMMUNITY MARIANNE B. BOWLER, United States Magistrate Judge. … was clearly established at the time of the defendant’s alleged violation.”

George MacKie v. Katrin Rouse-Weir / George MacKie v. Robert Joss

Massachusetts Supreme Judicial Court · Jan 24, 2025

Second, both legal precedent and the statutory framework of c. 123A establish that the role of qualified examiners is not only essential, but quasi judicial. … established statutory or constitutional right for the purpose of determining whether qualified immunity applied. [13] In his complaint, Mackie alleged that Joss "was hired by the [DOC] as a [qualified examiner] and assigned

Rodriquez v. Furtado

771 F. Supp. 1245 · District Court, D. Massachusetts · Feb 11, 1991

The Court of Appeals for the First Circuit has recently interpreted these holdings to establish a two-part objective test for qualified immunity claims: First, if the right asserted by the plaintiff was “clearly established … Therefore, Detective Furtado is entitled to qualified immunity because a reasonable person in his position would not have known he was violating any clearly established constitutional rights of plaintiff. 2.

Sorano v. Taggart

642 F. Supp. 2d 45 · District Court, D. Massachusetts · Jul 29, 2009

“Qualified immunity is an affirmative defense that shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … Qualified Immunity — The Merits “A government official performing a discretionary function is entitled to qualified immunity provided his or her ‘conduct does not violate clearly established statutory or constitutional rights

Jordan v. Sinsheimer

403 Mass. 586 · Massachusetts Supreme Judicial Court · Dec 14, 1988

The defendant asserts that at least qualified immunity is available to him because his conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … One issue is whether on clearly established principles of law, he could have reasonably believed his acts to be lawful. Breault v. Chairman of the Bd. of Fire Comm’rs of Springfield, 401 Mass. 26 , 32 (1987).

Baker v. Gray

57 Mass. App. Ct. 618 · Massachusetts Appeals Court · Mar 24, 2003

The doctrine of qualified immunity may shield State officials from liability for civil damages under this statute, so long as they are performing discretionary functions and do not violate “clearly established statutory or … Gray accordingly was entitled to qualified immunity from the plaintiffs’ additional claims under 42 U.S.C. § 1983 alleging violation of their clearly established rights under the First Amendment and equal protection clause

Doe, SORB No. 474362 v. Sex Offender Registry Board

94 Mass. App. Ct. 52 · Massachusetts Appeals Court · Sep 19, 2018

from a damages claim because the constitutional rights the defendants allegedly violated were not "clearly established." … This is because as employees of a State executive agency, Hayden and Myers are immune from suit under § 1983 unless their actions violated clearly established constitutional rights.

Laubinger v. Department of Revenue

41 Mass. App. Ct. 598 · Massachusetts Appeals Court · Nov 14, 1996

Whether an asserted right was clearly established at a particular time so that a public official who allegedly violated the right has no qualified immunity “presents a question of law” which “must be resolved de novo on appeal … Accordingly, we hold Fay is entitled to qualified immunity.

Facey v. Dickhaut

892 F. Supp. 2d 347 · District Court, D. Massachusetts · Sep 25, 2012

Qualified Immunity The defendants assert that they are entitled to qualified immunity because the plaintiff has not alleged a violation of clearly established law. … The second prong of the qualified immunity analysis requires that the right have been clearly established at the time that it was allegedly violated. See Feliciano-Hernandez, 663 F.3d at 532 .

Suboh v. City of Revere, Mass.

141 F. Supp. 2d 124 · District Court, D. Massachusetts · Mar 30, 2001

In light of its unclear boundaries and qualified nature, however, courts have been hesitant to hold that the abstract right to familial integrity is clearly established for the purposes of qualified immunity in the absence … immunity, based on a claim that the right to family integrity was not clearly established, will fail.

ANTHONY LEO v. CAROL MICI, Commissioner of Correction, MICHAEL RODRIGUES, Superintendent of MCI-Concord, SHEILA CREATON-KELLY, Deputy Superintendent of Re-Entry of MCI- Concord, and DANNY ORTIZ, Director of the Secure Adjustment Unit at MCI-Concord

Massachusetts Superior Court · Feb 24, 2025

to interfere) with a clearly established state right through "threats, intimidation, or coercion." … See LaChance, 463 Mass. at 778 (holding defendants entitled to qualified immunity under MCRA).

Walker v. Jackson

952 F. Supp. 2d 343 · District Court, D. Massachusetts · Jul 8, 2013

Second, they argue that they have qualified immunity because the right at issue was not clearly established at the ■ time of their alleged violation. … The case law addressing supervisory liability is clearly established, and Sergeant Horan has not advanced any argument in support of qualified immunity. He is not entitled to dismissal of Count Y. v.

Soto v. Bzdel

214 F. Supp. 2d 69 · District Court, D. Massachusetts · Jul 26, 2002

was clearly established at the time of the [official’s] alleged violation.” … If courts deciding § 1983 suits on the basis of qualified immunity were to tackle the difficult substantive law, then the law would become 'clearly established' so that officers presented with similar factual scenarios in

Higgins v. Town of Concord

246 F. Supp. 3d 502 · District Court, D. Massachusetts · Mar 31, 2017

The Court cannot determine whether Hodges and Whelan are entitled to qualified immunity at this stage. The defendants argue ' that Hodges and Whelan are entitled to qualified immunity on Counts One and Two. … Callahan, 555 U.S. 223, 231 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) ("The doctrine of qualified immunity protects government officials from liability for civil damages insofar ‘as their conduct does not violate clearly established

Ahearn v. Vose

64 Mass. App. Ct. 403 · Massachusetts Appeals Court · Sep 2, 2005

Qualified immunity. … Having considered whether there was an Eighth Amendment violation, we next consider, for purposes of qualified immunity analysis, whether the constitutional right violated was clearly established at the time.

Gutierrez v. Massachusetts Bay Transportation Authority

437 Mass. 396 · Massachusetts Supreme Judicial Court · Aug 2, 2002

Qualified immunity. … Although the defendants claim qualified immunity as to all claims, the only remaining claim to which qualified immunity may , apply is Daniella’s excessive force claim.

Aceto v. Kachajian

240 F. Supp. 2d 121 · District Court, D. Massachusetts · Jan 24, 2003

Overview of Qualified Immunity “Qualified immunity protects public officials from section 1983 civil liability so long *124 as they ‘acted reasonably under settled law in the circumstances.’ ” Veilleux v. … Clearly Established Right Because the factual allegations — if true — show defendants violated a constitutional right, the critical question is whether the constitutional right was clearly established.

Lynch v. City of Boston

989 F. Supp. 275 · District Court, D. Massachusetts · Dec 9, 1997

A defense of qualified immunity ordinarily fails where the law that was violated was clearly established, “since a reasonably competent public official should know the law governing his conduct.” … depends on the concept of a “clearly established” right.