Case law

CANTRELL v. BRUNSWICK MAINE POLICE

District Court, D. Maine · Apr 29, 2024

Further, if a citizen is “exercising a clearly established First Amendment right, then it is in turn clearly established that the police could not retaliate for such activity.” Gericke, 753 F.3d at 6–7. … established at the time, so it denied the officers’ motion to dismiss on qualified immunity grounds.

Seider v. Board of Examiners of Psychologists

762 A.2d 551 · Supreme Judicial Court of Maine · Nov 29, 2000

The duty of maintaining confidentiality is established at the very start of a relationship. … Second, the Board found that Seider violated Section 5.03 because she discussed confidential information with persons who were not persons clearly concerned with the limited relationship between Seider and the mother. [¶

Boise Cascade Corp. v. Reliance National Indemnity Co.

99 F. Supp. 2d 87 · District Court, D. Maine · Apr 28, 2000

The Boise standard terms include “an express waiver of immunity under any applicable Workers’ Compensation laws.” Exhibit No. 11 ¶ 9. … The requirement that a contractual waiver of an employer’s workers' compensation immunity could be achieved only by clear and specific language was established by the Maine Law Court in Diamond Int’l Corp. v.

Davis v. Auld

96 Me. 559 · Supreme Judicial Court of Maine · Sep 12, 1902

These statutes, however, have not abridged the equity jurisdiction of the court as to such trespasses and do not entitle the trespassers to any immunity from that equity jurisdiction. … We do not feel clear that the inference that they were keeping a nuisance was clearly wrong.

E. Perry Iron & Metal Co., Inc. v. City of Portland

896 A.2d 956 · Supreme Judicial Court of Maine · May 8, 2006

The City’s argument that the two counts are “clearly separate and independent” misses the point of the final judgment rule. … Third, the judicial economy exception is not applicable because this appeal would not “establish a final, or practically final, disposition of the entire litigation,” Norton v.

Maine Human Rights Commission v. City of Auburn

425 A.2d 990 · Supreme Judicial Court of Maine · Feb 17, 1981

Supported as they are in the record evidence, the trial court’s findings of unlawful sex discrimination are immune from reversal on appeal under the controlling “clearly erroneous” test of M.R.Civ.P. 52(a). 2. … Next, the employer must establish that that particular trait or characteristic is an important element of work behavior.

In re Steven L.

153 A.3d 764 · Supreme Judicial Court of Maine · Jan 12, 2017

Findings supporting an order for involuntary admission to a progressive treatment program must be established by clear and convincing evidence. See Pitts v. … Licensed and qualified community providers are available to support the treatment plan; E. The patient is unlikely to follow the treatment plan voluntarily; F.

Inhabitants of Vinalhaven v. Ames

32 Me. 299 · Supreme Judicial Court of Maine · Jul 1, 1850

Overseers of the poor derive all their powers from the statute, and can legally exercise none excepting such as are expressly given or ,are clearly implied. … It is evident., however inconvenient or expensive it may be, that the established courts are to settle the dam *305 ages, which it is supposed a minor bound by the overseers, has sustained from his master, until he is qualified

Eric v. Warnquist v. State Tax Assessor

201 A.3d 602 · Supreme Judicial Court of Maine · Jan 29, 2019

In this case, the qualified foreign jurisdiction is Rogaland, Norway, as neither party disputes. [¶19] In order to receive a credit for income tax paid to a qualified foreign jurisdiction, … Section 5217-A assumes that the qualified foreign jurisdiction calculates taxable income using AGI with a provision analogous to 36 M.R.S. § 5142.7 If a qualified foreign jurisdiction defines taxable income in

LANE v. CITY OF ROCKLAND

District Court, D. Maine · Mar 24, 2025

Qualified Immunity Even if Rolerson had arrested Lane without probable cause and used excessive force in doing so, Lane has not shown “the law was clearly established such that a reasonable … Me. 2024) (concluding qualified immunity posed “an insurmountable hurdle” for the plaintiff but declining “to engage in a” lengthy “qualified immunity analysis” after finding the plaintiff had failed to demonstrate

Capozza Tile Co., Inc. v. Joy

223 F. Supp. 2d 307 · District Court, D. Maine · Sep 30, 2002

Finally, there is no necessary inconsistency in recognizing personal immunity for the union official while leaving open the preemption issue. The policies at stake in preemption and immunity are not identical. … In addition, much of that evidence, Joy SMF ¶ 5, is appropriately qualified or denied by Ca-pozza, Capozza Responsive Joy SMF ¶ 5.

City of South Portland v. Pine State By-Products, Inc.

306 A.2d 1 · Supreme Judicial Court of Maine · Jun 12, 1973

That he is an expert in the field of odor control is established by concession. … Findings are not “clearly erroneous” if supported by credible evidence. Ray v. Lyford (1958) 153 Me. 408 , 140 A.2d 749 .

Greaves v. Houlton Water Co.

140 Me. 158 · Supreme Judicial Court of Maine · Nov 29, 1943

Authority for such action, we think should clearly appear.” Our Court in Laughlin v. Portland, 111 Me., 486 at 498, 90 A., 318, 323 , 51 L. R. A. N. S., 1143, Ann. … The duties, powers, rights and immunities of the municipality of Houlton have not been extended by legislative grant beyond its own boundaries.

Conners v. Maine Medical Center

42 F. Supp. 2d 34 · District Court, D. Maine · Mar 3, 1999

Conners is clearly ineligible to sue under Title I because, by virtue of the fact that he is currently totally disabled and unable to work even with a reasonable accommodation, he does not fit the criteria of a “qualified … Act, the court concluded that, because the plaintiff was totally disabled at all relevant times including the day of the alleged discrimination, the plaintiff could not establish that he was a “qualified handicapped person

Bergeron v. Henderson

47 F. Supp. 2d 61 · District Court, D. Maine · Apr 7, 1999

The government contends that they were made because Plaintiffs doctor had not provided all of the information qualified for sick leave and Plaintiffs proffer suggests that Robinson and Ostrowski had the necessary information … Accordingly, the Attorney General’s certification conclusively established scope of employment for removal purposes pending the district court’s independent scope-of-employment analysis. See id. at 808 .

Lambert v. Wentworth

423 A.2d 527 · Supreme Judicial Court of Maine · Dec 11, 1980

Setting aside for the time being any consideration of the first stated class, we note that the sole differential criterion establishing entitlement to tax exemption benefits between equally qualified veterans of the other … Board of Trustees, Michigan Veterans Trust Fund, D.C.W.D.Mich., 369 F.Supp. 1327 (1973) (five year durational residency requirement to qualify for aid from the Veterans Trust Fund).

Douglass v. Lehman

581 F. Supp. 704 · District Court, D. Maine · Mar 16, 1984

The evidence adduced by Plaintiff at trial clearly established the elements of the prima facie case. Plaintiff was 62 years old at the time he applied for promotion to the advertised position of general foreman. … Plaintiff was rated highly qualified for the position and was further qualified by his status as eligible for repromotion.

State v. Fitzherbert

249 A.2d 760 · Supreme Judicial Court of Maine · Feb 5, 1969

think the applicable rule was correctly stated in 29 Am.Jur.2d 315, Sec. 266 in these terms: “In criminal cases, all facts tending to elucidate the matter at issue which are referable to the point in issue, * * * tend to establish … This was the first occasion on which he *763 had qualified and given testimony as an expert witness.

Hale v. State

433 A.2d 374 · Supreme Judicial Court of Maine · Aug 6, 1981

1396a(a)(10)(C) further provides that a State may choose to extend medical assistance to persons who do not qualify for the “categorically needy” level of assistance. … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Lovell v. Peoples Heritage Savings Bank

776 F. Supp. 578 · District Court, D. Maine · Oct 15, 1991

As the Court of Appeals for the First Circuit has recently articulated the test, state action immunity "exists if (1) the private parties' conduct was undertaken pursuant to ‘clearly articulated and affirmatively ex *589 … for state action immunity as well.