Case law

Mongeau v. City of Marlborough

462 F. Supp. 2d 144 · District Court, D. Massachusetts · Nov 13, 2006

Consequently, as counterintuitive as it may seem, Reid is entitled to qualified immunity even if he required mitigation payments in order to grant a permit. … This qualified immunity follows in the wake of the First Circuit’s express reluctance to recognize any type of section 1983 claim in this particular context. b.

Doe v. Town of Framingham

965 F. Supp. 226 · District Court, D. Massachusetts · Jun 4, 1997

Qualified immunity shields public 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. … Team members and school officials may well be eligible for qualified immunity, see Puffer v.

Boston Taxi Owners Ass'n v. City of Boston

180 F. Supp. 3d 108 · District Court, D. Massachusetts · Mar 31, 2016

To assess qualified immunity claims, the Court applies a two-step inquiry. … Consequently, the Court cannot determine, at this stage of the litigation, whether Commissioner Evans is entitled to qualified immunity.

Boston Medical Center Corp. v. Secretary of the Executive Office of Health & Human Services

463 Mass. 447 · Massachusetts Supreme Judicial Court · Sep 14, 2012

“The Constitution, by delegating to Congress the power to establish the supreme law of the land when acting within its enumerated powers, does not foreclose a State from asserting immunity to claims arising under federal … We imputed to the voters who enacted the law an intent to waive sovereign immunity to enforce the Commonwealth’s obligation to pay qualifying candidates public funds for their political campaigns, and saw “no reasons of ‘

Ross v. Crane

291 Mass. 28 · Massachusetts Supreme Judicial Court · May 6, 1935

Ed.) c. 55, § 37' (e), (1), (2), (3) and (4) were not established. … The immunity is given in return for the relinquishment of a privilege, but the privilege must be asserted before there can be basis for the immunity.

Roslindale Cooperative Bank v. Greenwald

481 F. Supp. 749 · District Court, D. Massachusetts · Dec 7, 1979

Insofar as the removed directors seek damages from Greenwald, their claim is circumscribed by the doctrine of qualified immunity of executive department officials. Scheuer v. … Under the statute, the Commissioner bears responsibility for the conduct of the hearing; therefore, within the limits permitted by qualified executive immunity, she alone is accountable for constitutional defects in the proceedings

Amica Mutual Insurance v. W.C. Bradley Co.

217 F.R.D. 79 · District Court, D. Massachusetts · Apr 4, 2003

Arnica has withheld this information claiming work product immunity, attorney-client privilege, or that the information is proprietary and confidential. … Babcock & Wilcox Canada, 210 F.3d 1, 8 (1st Cir. 2000) (courts do not clearly distinguish between confidential information, proprietary information, and trade secrets).

Pedro v. Goldfarb

28 Mass. L. Rptr. 559 · Massachusetts Superior Court · Sep 13, 2011

She is entitled to immunity under the Tort Claims Act. … Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond with evidence of specific facts establishing the existence of a genuine dispute. Pederson, 404 Mass. at 17 .

Doe, SORB No. 137631 v. Holmes

30 Mass. L. Rptr. 341 · Massachusetts Superior Court · Jun 4, 2012

A public official is immune from personal monetary liability for official conduct unless the particular conduct violates a right that is clearly established in federal law at the time of the conduct. Davis v. … The claim for damages against Holmes under §1983 is thus barred by qualified immunity, and must be dismissed.

Villanueva v. Franklin County Sheriff's Office

849 F. Supp. 2d 186 · District Court, D. Massachusetts · Mar 27, 2012

Defendants also argue that they are entitled to qualified immunity. … Fontanes, 568 F.3d 263, 269 (1st Cir.2009) (laying out the test for a claim of qualified immunity).

American National Red Cross v. Labor Relations Commission

363 Mass. 525 · Massachusetts Supreme Judicial Court · May 4, 1973

[Program] are clearly integrated with and vitally affect the operations of non-profit hospitals within the Commonwealth . . . … Although there is no simple test for ascertaining whether an institution is so closely related to governmental activity as to become a tax-immune instrumentality, the Red Cross is clearly such an instrumentality” (emphasis

Cox v. Massachusetts Department of Correction

18 F. Supp. 3d 38 · District Court, D. Massachusetts · Mar 12, 2014

The question remains, however, whether the claim is nevertheless barred by the doctrine of qualified immunity. … The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Lamoureux v. Haight

648 F. Supp. 1169 · District Court, D. Massachusetts · Oct 28, 1986

In addition, the individual defendants who have been sued in their personal as well as in their official capacities have moved for dismissal based on the defense of qualified immunity. … It is, therefore, not necessary to decide the issue of qualified immunity. I. FACTS The facts alleged in the complaint are as follows.

Estate of Davis Ex Rel. Davis v. United States

340 F. Supp. 2d 79 · District Court, D. Massachusetts · Oct 15, 2004

In a similar vein, the individual defendants in that case— former FBI agents— argued they were entitled to qualified immunity as to the plaintiffs’ constitutional claims, because it was not “clearly established” at the relevant … In response to the argument of the individual defendants that they were entitled to qualified immunity, Judge Gertner observed: While it may be true that the defendants could be entitled to qualified immunity for a narrow

Luz v. Commissioner of Correction

45 Mass. App. Ct. 913 · Massachusetts Appeals Court · Aug 13, 1998

were protected by a qualified immunity. … L. c. 127, § 149, in this case was not clearly established and required thoughtful interpretation by the Superior Court judge (the second one) who considered that aspect of the case.

McCarthy v. City of Waltham

76 Mass. App. Ct. 554 · Massachusetts Appeals Court · Apr 9, 2010

by the evidence; the immunity of § 10(a) was not so clearly established, as matter of law, that the city’s motion for a directed verdict should have been allowed on this basis. … By not instructing the jury on § 10(a) immunity, the judge erroneously removed it from the jury’s consideration; the facts were not clearly established in the evidence either way, and the jury were entitled to analyze the

Office One, Inc. v. Lopez

7 Mass. L. Rptr. 585 · Massachusetts Superior Court · Sep 30, 1997

or an immunity from liability to the person harmed. … Thus, the fact that the Trustees are relieved from liability for their otherwise tortious conduct because their alleged breach of fiduciary duty implicates the right of petition, qualifying them for immunity under the anti-SLAPP

Rubin v. the Islamic Republic of Iran

456 F. Supp. 2d 228 · District Court, D. Massachusetts · Sep 30, 2006

Sections 1604 and 1605 establish a foreign state’s jurisdictional immunity and exceptions to that immunity. … The trustee process defendants do not quibble with either of these conclusions; rather, they contend that the antiquities in their possession do not qualify as “blocked assets.”

Taite v. Bridgewater State University

236 F. Supp. 3d 466 · District Court, D. Massachusetts · Feb 17, 2017

Mass. 2016) (“[i]t is undisputed that Mass Bay qualifies as a state entity and therefore can assert Eleventh Amendment protection”); Thomas v. … Rhode Island College, 996 F.Supp. 161, 168 (D.R.I. 1998) (“It is clearly established law in the federal courts that the 14th amendment does , not create a cause of action against state actors.

Attorney General v. Colleton

387 Mass. 790 · Massachusetts Supreme Judicial Court · Dec 28, 1982

L. c. 93A, § 6 (7), to provide a grant of transactional immunity. 9 The statutory language is clearly cast in terms of admissibility in evidence of information obtained. … Corcoran, 332 Mass. 44 (1955). 8 That transactional immunity is the long-established and still vital law of this Commonwealth is also established by a variety of legislative enactments. See, e.g., G. L. c. 54, § 120; G.