Case law

Qualls

District Court, D. Massachusetts · Mar 31, 2026

clearly established law. … As explained in the preceding sections, defendants Haynes, Harden, Harris, and Keeler are entitled to qualified immunity as to Count I because the plaintiff has failed to establish that their conduct violated clearly established

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.

Commonwealth v. O'NEIL

418 Mass. 760 · Massachusetts Supreme Judicial Court · Nov 9, 1994

Claim of judicial immunity. … , absolute or qualified, extends to criminal conduct.

DeSouza v. OneWest Bank Group, LLC

31 Mass. L. Rptr. 538 · Massachusetts Superior Court · Mar 14, 2013

Massachusetts trust law establishes specific rights and responsibilities of trustees when they take property in trust. … Since a trustee is not the individual, he/she as trustee can be seen as immune from suit for acts and omissions undertaken by the individual.

T.T. the Bear's Place, Inc. v. Rodriguez

2 Mass. L. Rptr. 1 · Massachusetts Superior Court · Feb 17, 1994

The defendants argue that plaintiffs civil rights claims should be dismissed because defendants have qualified immunity. … Massachusetts has adopted this federal standard of qualified immunity for actions brought pursuant to the Massachusetts Civil Rights Act. Duarte v. Healy, 405 Mass. 43, 46 (1989).

Max-Planck-Gesellschaft Zur Foerderung der Wissen-Schaften E.V. v. Whitehead Institute for Biomedical Research

850 F. Supp. 2d 317 · District Court, D. Massachusetts · Feb 7, 2011

Sovereign Immunity Under Chapter 93A Having established that UMass was engaged in trade or commerce, the application of Chapter 93A is still uncertain. … As such, I turn now to the question of whether UMass qualifies as a “person” under Chapter 93A and whether Massachusetts’ sovereign immunity exempts it from suit in federal court in the event that UMass is engaged in trade

Smith v. Commonwealth

1984 Mass. App. Div. 10 · Massachusetts District Court, Appellate Division · Jan 26, 1984

In endeavoring to resolve the question of non-resident eligibility, we remain cognizant of the statute’s status as social welfare legislation which confers non-contraetual benefits from the public treasury upon qualifying … P., Rule 12(b)(3) must be allowed if lack of venue is established. See, e.g., Kalman v. Board of Aldermen of Chelsea, 13 Mass. App. Ct. 904 (1982). Either party may alternatively move under G.

Litchfield v. Bayley

18 Mass. L. Rptr. 223 · Massachusetts Superior Court · Sep 9, 2004

Pappas, who also established his clinical schedule and responsibilities. The defendant had to attend meetings of the Department scheduled by Dr. Pappas. … Foley, as a board certified physician, is regarded as a highly trained specialist qualified to act, in other contexts, without supervision, direction or control, he did not act independently of the direction, supervision

Bryant v. Demoura

111 N.E.3d 1112 · Massachusetts Appeals Court · Oct 9, 2018

Finally, even assuming, arguendo, that the defendants' violated the plaintiff's constitutional rights, they are entitled to qualified immunity because the rights the plaintiff claims were not so clearly established that reasonable

Comfort Ex Rel. Neumyer v. Lynn School Committee

131 F. Supp. 2d 253 · District Court, D. Massachusetts · Feb 12, 2001

Of the causes of action brought by the plaintiffs against the Commonwealth, Congress has clearly abrogated state sovereign immunity only for suits brought under Title VI of the Federal Civil Rights Statute, 42 U.S.C. § 2000d … McCrary, 427 U.S. 160 , 96 S.Ct. 2586 , 49 L.Ed.2d 415 (1976), the Supreme Court held that § 1981 prohibits private schools from excluding children who are qualified for admission, solely on the basis of race, nothing in

Wampanoag Tribe of Gay Head v. Massachusetts Commission Against Discrimination

63 F. Supp. 2d 119 · District Court, D. Massachusetts · Sep 7, 1999

Discussion It has been long established that tribes of Native people, recognized as such by the United States, enjoy an inherent sovereignty. See Maynard v. … A well-established corollary to the concept of tribal sovereignty is that tribes of Native Americans enjoy a sovereign’s common-law immunity from suit. Santa Clara Pueblo v.

Kromhout v. Commonwealth

398 Mass. 687 · Massachusetts Supreme Judicial Court · Dec 2, 1986

Section 18 of St. 1978, c. 512, specified that the abrogation of governmental immunity under G. … That was clearly not the case here.

Hilchey v. City of Haverhill

233 F.R.D. 67 · District Court, D. Massachusetts · Dec 22, 2005

In addition, they assert that the vagueness of those allegations prevents them from accurately determining whether qualified immunity or other defenses are available. … immunity *70 defense, or the need (or lack of need) for proof of illegal motive.

Nobile v. Massachusetts

675 F. Supp. 2d 214 · District Court, D. Massachusetts · Dec 22, 2009

The Court determined that CMS “... failed to meet its burden to establish that it is an ‘arm of the state’ immune from § 1983 liability.” Austin, 604 F.Supp.2d at 689 . … So at this juncture, NaphCare has not established an entitlement to immunity. It is unclear whether it would be able to.

Rosario v. Brooks

877 F. Supp. 765 · District Court, D. Massachusetts · Feb 21, 1995

Qualified Immunity Defendant argues, in the alternative, that he is entitled to qualified immunity as to the *771 issues of probable cause to arrest plaintiff and to seek a search warrant. … Under the doctrine of qualified immunity state actors are immune from damages under § 1983 “if they have performed discretionary functions falling within the scope of their authority and have done so in an objectively reasonable

Eckl v. City of Boston

2 Mass. Supp. 160 · District Court, D. Massachusetts · Feb 25, 1981

immunity. … Corporacion de Renovacion Urbana y Vivienda, 554 F.2d 1210 (1st Cir. 1977), it is precluded by a finding of qualified immunity.

Puffer v. Raynolds

761 F. Supp. 838 · District Court, D. Massachusetts · Jun 26, 1990

Even assuming a valid § 1983 claim against members of the school board, they would still be protected by the doctrine of qualified immunity. Schmidt v. … Under the standard for evaluating claims of qualified immunity erected in Harlow v.

Sylvester v. Commissioner of Revenue

445 Mass. 304 · Massachusetts Supreme Judicial Court · Nov 16, 2005

The residency requirement in the veterans’ exemption does not prevent new arrivals from purchasing property in Massachusetts or from establishing a domicile here. … and Immunities of Citizens in the several *310 States.”

NATASHA M. BAPTISTA, individually and as personal representative v. BRISTOL COUNTY SHERIFF'S DEPARTMENT (and a companion case ).

100 Mass. App. Ct. 841 · Massachusetts Appeals Court · Apr 15, 2022

from liability, based primarily upon immunities established in the Massachusetts Tort Claims Act (MTCA), G. … The doors to the holding cells are glass, and one can see clearly into the cells from this area. The video shows that Deschenes entered the holding area first.

Oropallo v. Brenner

25 Mass. L. Rptr. 147 · Massachusetts Superior Court · Jan 14, 2009

Qualified Immunity Brenner first argues that this court should grant his motion for summaiy judgment because he enjoys qualified immunity, and is therefore immune from all three of Oropallo’s tort claims. … immunity for his discretionary actions.