Case law

Penobscot Nation v. Fellencer

999 F. Supp. 120 · District Court, D. Maine · Mar 13, 1998

To recognize an absolute tribal immunity from the discrimination laws of the State would clearly frustrate the important state policies that the MHRA serves. … There clearly are certain tribal government employment decisions that cannot be regulated by the State because they are inherent to independent organization or .governance.

ARRM v. Piper

319 F. Supp. 3d 1156 · District Court, D. Maine · Jun 28, 2018

Edmondson , 594 F.3d 742 , 770-71 (10th Cir. 2010) (concluding that "[i]mposition of monetary damages that cannot later be recovered for reasons such as sovereign immunity constitutes irreparable injury"). … Moreover, mandamus relief is available in Minnesota courts to compel a state governmental agency "to perform a duty [that] the law clearly and positively requires ... where there is no other plain, speedy, and adequate remedy

HEWES v. PUSHARD

District Court, D. Maine · May 5, 2024

Pangburn is entitled to qualified immunity. … , for assessing qualified immunity.

CLARK v. ARBOUR

District Court, D. Maine · Sep 4, 2025

To establish 5 Even if the Court were to conclude that an interview cancellation could infringe a prisoner’s First Amendment rights, a § 1983 claim based on such a violation would likely be barred by qualified immunity … Fontanes, 568 F.3d 263, 269 (1st Cir. 2009) (describing the First Circuit’s qualified immunity approach as three-part test).

State v. McLaughlin

642 A.2d 173 · Supreme Judicial Court of Maine · May 26, 1994

Cookson’s testimony, despite her best efforts, established the exchange of insults, scratches, and shoves. … Based on the facts before us, we cannot say that the District Court’s finding that Cookson’s statements qualified as excited utterances was clearly erroneous.

Polydore v. Prince

19 F. Cas. 950 · District Court, D. Maine · Aug 21, 1837

'The favored classes were entitled to many personal privileges and immunities particularly beneficial and honorable to themselves. … It cannot be supposed that these immunities would be allowed in a country which admitted no such distinctions in its domestic policy.

LIBERTARIAN PARTY OF MAINE v. Dunlap

659 F. Supp. 2d 215 · District Court, D. Maine · Sep 16, 2009

Clearly, they are not. More to the point, the Libertarians provide no reason that a deadline of August 8 — as opposed to some other date — is by itself particularly burdensome. а. … than it does for established political parties.

CHASE v. CITY OF BANGOR

District Court, D. Maine · Nov 16, 2021

immunity. … A government official is entitled to qualified immunity unless she or he violates a constitutional right that was “clearly established” when they engaged in the conduct at issue. Hunt v.

Lawrence v. Chase

54 Me. 196 · Supreme Judicial Court of Maine · Jul 1, 1866

The reasons for requiring such a special plea are, that the statute of frauds does not make contracts within its pi’ovis-ions illegal; it only secures to the defendant an immunity, *200 which he may avail himself of or not … as he sees fit; and if he sees fit to avail himself of it he should say so, clearly and distinctly, at the outset, and not by a general traverse put the plaintiff to the trouble and expense of proving the promise set forth

Town of Kittery v. White

435 A.2d 405 · Supreme Judicial Court of Maine · Oct 2, 1981

If the justice below meant to find the tire business a lawful nonconforming use, his finding was clearly erroneous. … In the context of this case, Gagne simply means that the portion of the building zoned for local business, plus the 50-foot extension, is immune from the residential restrictions applicable to the rest of the lot.

John Doe I v. Robert Williams

61 A.3d 718 · Supreme Judicial Court of Maine · Mar 5, 2013

Courts must be cautious in recognizing fundamental rights that have not been clearly established because “extending constitutional protection to an asserted right or liberty interest ... placets] the matter outside the arena … The State’s sovereign immunity bars retroactive recovery of payments voluntarily made to the State. See Wellman v.

Burrell v. Anderson

353 F. Supp. 2d 55 · District Court, D. Maine · Jan 13, 2005

Burrell qualifies this statement by stating that the x-ray taken all came back normal. … Again, Burrell contends that there is an unconstitutional gender-biased domestic violence policy which defeats the State defendants’ prosecutorial immunity in Bur-rell’s view.

Boston Milk Producers Inc. v. Halperin

446 A.2d 33 · Supreme Judicial Court of Maine · May 20, 1982

The court therefore declared the tax purportedly established under P.L. 1979, ch. 452 to be null and void, and the tax established by old section 4505 of title 36, as enacted by P.L. 1969, ch. 213, section 1 (five cents per … For examples of such charters, see Me.Priv. & Spec.L., 1845, ch. 270, “An Act to establish the Androscoggin and Kennebec Rail Road;” id., ch. 285, “An Act to establish the Penobscot and Kennebec Rail Road.” 11 .

McElwee v. Mahlman

117 Me. 402 · Supreme Judicial Court of Maine · Oct 16, 1918

The description was indefinite, every mention of distance was qualified by the use of the words “more or less,” and the northerly bound was “property now owned by McElwee.” … In reaching our conclusion the oral testimony has thrown some light, but the deeds introduced, especially the deed to the defendant, considered in connection with the plan, clearly establish what the oral testimony tends

Cushing v. Smith

457 A.2d 816 · Supreme Judicial Court of Maine · Mar 10, 1983

It intends to establish a group home for the recovering mentally id at that property. … Since the proposed use did not qualify as a single or two family residence, CIG was also required to seek a variance before establishing a group home at 3 Hudson Street.

Argereow v. Weisberg

Superior Court of Maine · Dec 21, 2017

Regarding § 2511(2), it is not clear that Mercy's participation clearly fits within this subsection either. … That case clearly holds that§ 2511 has no requirement that physicians must act without malice to be entitled to immunity. Strong, 2016 ME 60, ,r 12, 137 A.3d 1007. Even Lalonde v. Cent. Me. Med.

Penobscot Area Housing Development Corp. v. City of Brewer

434 A.2d 14 · Supreme Judicial Court of Maine · Aug 14, 1981

See Comment, Governmental Immunity from Local Zoning Ordinances, 84 Harv.L.Rev. 869, 883-86 (1971). … The language of the definition itself clearly suggests the comparison is appropriate.

Kennebec Towage Co. v. State

142 Me. 327 · Supreme Judicial Court of Maine · Mar 31, 1947

The action was brought by virtue of a legislative resolve, whereby the State waived its immunity to suit, and authorized an action at law with the “liabilities of the parties the same as the liabilities between individuals … I want to qualify it. Disregard what I said. It is not for me to say what damages are. I thought I was shortening some of your work, but I have no right when objected to.

Campbell v. First American Title Insurance

269 F.R.D. 68 · District Court, D. Maine · Aug 4, 2010

It is Plaintiffs’ burden to establish a basis for certification. The First Circuit requires “a rigorous analysis of the prerequisites established by Rule 23.” Smilow v. … Numerosity Plaintiffs have clearly met their burden in establishing that “the class is so numerous that joinder of all members is impracticable.” Fed. R. Civ. P 23(a)(1).

Arthur Murdock v. Martin Thorne

166 A.3d 119 · Supreme Judicial Court of Maine · Jun 27, 2017

and the exclusivity and immunity provisions of Maine’s workers’ compensation statute. 6 779 A.2d 951. … 81, ¶ 10, 8 709 A.2d 733 (“When an interested witness has given clear answers to unambiguous questions, he cannot create a conflict and resist summary judgment with an affidavit that is clearly