Case law

Benima v. Smithsonian Institution

471 F. Supp. 62 · District Court, D. Massachusetts · Jan 16, 1979

Finally, even if the complaint against Rosenthal stated a cognizable constitutional claim against him, he would be protected by qualified immunity. See Butz v. … Additionally, the claims against defendant Rosenthal are not cognizable, are overly broad and conclusory, are defeated by uncontroverted affidavit, and are insufficient to overcome Rosenthal’s qualified immunity.

George MacKie v. Katrin Rouse-Weir.

Massachusetts Appeals Court · Jul 31, 2023

, or, alternatively, qualified immunity because Mackie had not "plausibly alleged facts that Dr. … In the alternative, the defendant argues that she is entitled to qualified immunity.

Archer ex rel. Maureen G. v. Dare Family Services, Inc.

14 Mass. L. Rptr. 375 · Massachusetts Superior Court · Feb 11, 2002

caregiver qualifies as an employee under the common law direction and control test. … DSS establishes and enforces the policies applicable to DARE and its mentor parents.

White v. Town of Marblehead

989 F. Supp. 345 · District Court, D. Massachusetts · Dec 17, 1997

immunity. … In view of my holding that probable Cause to arrest existed on both March 20, 1995; and March 22, 1995, with respect to the parties sued, I find it unnecessary to consider whether qualified immunity attaches to the remaining

Drumgold v. Callahan

806 F. Supp. 2d 405 · District Court, D. Massachusetts · Aug 24, 2011

Qualified Immunity To prevail against a state officer who claims qualified immunity, however, a plaintiff must show not only that his constitutional right was violated, but also that that right was clearly established at … The First Circuit has articulated that this “clearly established” inquiry is two fold: (1) whether the law was generally clearly established; and (2) whether the law was clearly established as applied to the factual context

Schneiderman v. Commonwealth of Massachusetts

59 Mass. App. Dec. 134 · Massachusetts District Court, Appellate Division · Jan 7, 1977

The Commonwealth here clearly does not stand to gain anything from the perpetration of violent crimes. … Commonwealth, 363 Mass. 595 (1973), the court in commenting upon this statute stated, at P. 600: "In waiving its immunity, the Commonwealth established certain rights of recovery which cannot be extended beyond those expressly

Commonwealth v. Wooden

70 Mass. App. Ct. 185 · Massachusetts Appeals Court · Sep 20, 2007

Defense counsel, however, did not clearly raise this issue at the hearing. … Doherty, supra at 345 (permissible to deny immunity if proffered statement not clearly exculpatory).

Doe v. McIntire

12 Mass. L. Rptr. 697 · Massachusetts Superior Court · Feb 2, 2001

Those who are not qualified aliens are not eligible for any federal public benefit, except limited short-term benefits such as emergency medical assistance, immunizations, and access to soup kitchens. 8 U.S.C. §§1611 . … Two years after Graham was decided, the Supreme Court declared: It is established, of course, that an alien is entitled to the shelter of the Equal Protection Clause ... In Graham v.

Rua v. Glodis

52 F. Supp. 3d 84 · District Court, D. Massachusetts · Sep 24, 2014

Qualifíed Immunity Before proceeding to the merits of plaintiffs claims, the Court first considers whether the defendants are entitled to qualified immunity on the constitutional claims. … The First Circuit has described the test for qualified immunity: We use a three-part test to determine whether an official is entitled to qualified immunity, following the guidance provided by the Supreme Court.

United States v. Parcels of Real Property With the Building, Appurtenances, & Improvements Located at 255 Broadway, Hanover

795 F. Supp. 1225 · District Court, D. Massachusetts · Jun 25, 1992

The parties have not raised, and consequently I do not address, whether or to what degree the developing law of qualified immunity crystallized in Harlow v. … I note in passing, nonetheless, that the policy concerns behind the doctrine of qualified immunity, which immunizes objectively reasonable government conduct, resemble those that animate analysis of “reasonable cause” under

HOOTSTEIN v. Collins

670 F. Supp. 2d 110 · District Court, D. Massachusetts · Nov 19, 2009

Plaintiffs also included a lengthy argument that the doctrine of qualified immunity should not serve as grounds for dismissal. … Defendant Spence's Motion to Dismiss did not raise a qualified immunity defense, and the court has not relied on this doctrine in any way in reaching its conclusion on this motion.

CRAIG HARRISON & another v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

101 Mass. App. Ct. 659 · Massachusetts Appeals Court · Sep 13, 2022

it clearly knew how to do so. … The Jancey court concluded that "[m]unicipal employees can clearly sue their employer under the provisions of MEPA [the Massachusetts Equal Pay Act, G.

CALVIN CHANG v. TRIPADVISOR, LLC and Another

Massachusetts Superior Court · Jan 8, 2022

Therefore, Defendants here will only be entitled to immunity under the CDA at this stage of the litigation if it is apparent from Mr. … Defendants contend that none of the causes of action in the Complaint plead sufficient facts to establish their liability. Specifically, Defendants argue that Mr.

Chiang v. Skeirik

529 F. Supp. 2d 166 · District Court, D. Massachusetts · Dec 4, 2007

The officers have qualified immunity against any constitutional claims but they lose that immunity if they violate "clearly established statutory or constitutional rights of which a reasonable person would have known.” … Neither party discusses qualified immunity in his/their brief, *172 and thus the Court will not address that issue at this time.

Parsons v. Mobile Home Park Rent Control Board

423 Mass. 631 · Massachusetts Supreme Judicial Court · Sep 26, 1996

Piphus, [supra at 266 ], the case of two students suspended from school without due process, the Supreme Court carefully and clearly pointed out that any actual damages suffered by the students were irrelevant to the issue … It does not involve 42 U.S.C. §§ 1983 and 1988. / Finally, we reject the plaintiffs’ argument, supported by the amicus brief, that, in order to qualify for an award of attorney’s fees under 42 U.S.C. § 1988 , they n§ed not

Afreedi v. Bennett

517 F. Supp. 2d 521 · District Court, D. Massachusetts · Aug 20, 2007

Even if Probable Cause Had Been Lacking, Devlin Is Entitled To Qualified Immunity From Suit 10 The principle of qualified immunity shields a police officer from liability for civil damages when his conduct does not violate … clearly-established statutory or constitutional rights of which a reasonable person would have known.

Rob Evans & Associates, LLC v. United States

9 F. Supp. 3d 165 · District Court, D. Massachusetts · Mar 31, 2014

In connection with this, the court authorized the Receiver to open a bank account, called a Qualified Settlement Fund (“QSF”), to hold the monetary assets of the receivership as they were acquired. … However, the record of the Zimmerman litigation clearly showed otherwise, and this court specifically found to the contrary.

Sheehan v. DuBois

1 Mass. L. Rptr. 124 · Massachusetts Superior Court · Jun 22, 1993

Finally, to the extent that the claim for damages could lie against DuBois, qualified immunity is a personal defense even if plaintiff could establish that he was in fact denied credits due him. … Ct., February 19, 1992), it cannot be said that the denial of good time credits was in violation of plaintiffs clearly established rights. O’Malley, supra.

Cryer v. Spencer

934 F. Supp. 2d 323 · District Court, D. Massachusetts · Mar 21, 2013

Qualified Immunity Under RLUIPA Defendants argue that they are entitled to qualified immunity from monetary damages on the RLUIPA claims because Cryer has not shown a “substantial burden” on his free exercise of religion. … Qualified Immunity Next, as an additional ground for dismissal of Cryer’s § 1983 claims, defendants argue that even if his free exercise of religion was violated, qualified immunity protects the defendants (now limited to

Anderson v. City of Gloucester

75 Mass. App. Ct. 429 · Massachusetts Appeals Court · Oct 15, 2009

L. c. 258, § 4, the plaintiff stated that “a police officer relying on hair color to identify people involved in a significant house fire was unreliable and clearly negligent. . . . … But § 10(/) does not provide immunity for success. Indeed, no immunity is needed for acts that succeed, and § 10(/) provides the immunity the Legislature thought necessary for acts that fail.