Case law

Burns v. United States

618 F. Supp. 882 · District Court, D. Massachusetts · Sep 4, 1985

Even if venue is appropriate, however, plaintiff’s Bivens claim must be dismissed because plaintiff’s allegations fail to pierce defendant’s qualified immunity. … Defendants are immune from liability for civil damages unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Gaetani v. Hadley

District Court, D. Massachusetts · Mar 29, 2019

government official sued under § 1983 is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” Carroll v. … first prong of the qualified immunity analysis asks whether Defendant violated one of Plaintiff’s clearly established rights.

Gildea v. Ellershaw

363 Mass. 800 · Massachusetts Supreme Judicial Court · Jul 9, 1973

We hold instead that although the full performance of all conditions established by the statute (G. … For example, it clearly would not include the negligence of a public officer in the operation of a motor vehicle in the course of the performance of his official duties. See Trum, v.

Dolan v. Von Zweck

19 Mass. App. Ct. 1032 · Massachusetts Appeals Court · Apr 26, 1985

Von Zweck’s letter in the material before the trial judge, which clearly had relation to the child custody proceeding, was that of a psychiatrist, consulted by Dolan’s attorney. … The immunity rule rests upon policy considerations, which obviously should be applied to permit the utmost freedom of testimony in the important area of child custody disputes.

Roketenetz v. Woburn Daily Times, Inc.

1 Mass. App. Ct. 156 · Massachusetts Appeals Court · Mar 14, 1973

S. 29 , thus established a qualified constitutional privilege to publish false and defamatory material about matters of public concern. It adopted the view of the Kansas Court in Coleman v. … The publication in this case clearly comes within the constitutional privilege.

Leigh v. Board of Registration in Nursing

399 Mass. 558 · Massachusetts Supreme Judicial Court · Apr 8, 1987

Leigh claims that the board’s decision is clearly erroneous and not supported by substantial evidence. … The statute does not interfere with any “fundamental right” established by Roe and its progeny. See Bowland v.

Barnes v. General Tire & Rubber Co.

2 Mass. Supp. 423 · Massachusetts Superior Court · May 29, 1981

Taylor, 329 U.S. 495 (1947), articulates , a qualified immunity from discovery for the work product and mental impressions of a party’s attorney. … Braddick, 595 F2d 961, 967 (5th Cir. 1979). 4 Work prepared by INA at the request of the plaintiff’s counsel falls within the qualified immunity from discovery of Rule 26(b)(3).

Hi-Tech Pharmaceuticals, Inc. v. Cohen

277 F. Supp. 3d 236 · District Court, D. Massachusetts · Oct 27, 2016

Levinsky’s, 127 F.3d at 133 (alterations in original) (internal quotation marks and citations omitted) (a private statement whose content does not clearly pertain to “a matter of inherent public concern” may nonetheless qualify … But Noerr-Pennington does not guarantee absolute immunity for petitioning conduct. See *244 McDonald v. Smith, 472 U.S. 479, 485 , 105 S.Ct. 2787 , 86 L.Ed.2d 384 (1985).

Commonwealth v. Hunt

462 Mass. 807 · Massachusetts Supreme Judicial Court · Jul 16, 2012

Dormady, 423 Mass. 190, 198 (1996) (“we are not disposed to throw aside the long-standing jurisprudence of this Commonwealth and accept the concept of use immunity”). … Justice O’Connor in her concurring opinion did not agree that the standard for compulsion is the same as the due process standard established in Sandin v.

O'Hanley v. City of Gloucester

1993 Mass. App. Div. 119 · Massachusetts District Court, Appellate Division · Jun 8, 1993

The chronology of events which culminated in the termination of O’Hanley’s benefits clearly indicates that the City took no effective action cognizable under the Ordinance. … Legislative abrogation of sovereign immunity was unnecessary, however, for those common law claims historically actionable against a governmental entity.

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.

Fletcher v. Szostkiewicz

190 F. Supp. 2d 217 · District Court, D. Massachusetts · Mar 8, 2002

for political reasons; and (2) that, in any event, Defendant is entitled to qualified immunity with respect to Count One. … Guillermo Rodriguez, 212 F.3d 69, 74 (1st Cir.2000)). 6 Furthermore, as Judge Ponsor held, “[Defendant’s argument that he is entitled to qualified immunity because [Plaintiffj’s right was not ‘clearly established’ under Harlow

Lanesborough

1 Rep. Cont. El. 183 · Massachusetts House of Representatives · Jul 1, 1815

Nor does it very clearly appear, from any of the colony laws, how town meetings were warned. … But the legislature, under the last charter, incorporated several new towns, “ with all the powers, privileges and immunities of other towns, that of sending a representative to the general assembly only excepted.”

Caldwell v. Cambra

District Court, D. Massachusetts · Sep 10, 2025

As this due process right was clearly established in 1999, at the time of the alleged fabrication, qualified immunity does not bar Caldwell’s claim against them on this theory. Id. at 45, 47. … And because they make no argument that this right was not clearly established in 1999, Hayes and Gomes are not entitled to qualified immunity. D.

Operation Rescue National v. United States

975 F. Supp. 92 · District Court, D. Massachusetts · Aug 27, 1997

included, or clearly implied, in the Constitution. … Thus, under established standards, its claim of unconstitutionality fails.

Glanz v. Vernick

756 F. Supp. 632 · District Court, D. Massachusetts · Feb 5, 1991

Vadnais had tested positive for Human Immunodeficiency Virus (HIV), associated with Acquired Immune Deficiency Syndrome (AIDS). Mr. … Beth Israel’s ENT Clinic is clearly a “program or activity” as defined in this provision.

Maciorowski v. Schwarzenbach

2010 Mass. App. Div. 257 · Massachusetts District Court, Appellate Division · Dec 3, 2010

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond with evidence establishing the existence of a genuine issue of material fact. Pederson v. … The individual public employee is immune from personal liability.

JOAO DEPINA v. WORCESTER COUNTY DISTRICT ATTORNEY'S OFFICE & Others.

Massachusetts Appeals Court · Jan 31, 2025

A judge allowed the defendants' motions to dismiss each of these claims based on absolute and qualified immunity. … Thus, Rollins was entitled to absolute prosecutorial immunity and the claims against her were properly dismissed. 3. Williams's qualified immunity.

Estate of Moulton v. Puopolo

467 Mass. 478 · Massachusetts Supreme Judicial Court · Mar 14, 2014

To establish a breach of fiduciary duty, there must be a duty owed to the plaintiff by the defendant and injury to the plaintiff proximately caused by the breach. Zimmerman v. Bogoff, 402 Mass. 650, 660 (1988). … AIG Domestic Claims, Inc., supra at 104 (“once immunity has been invoked, the burden of overcoming the immunity rests exclusively with the plaintiff”).

Massachusetts Institute of Technology v. Massachusetts Department of Public Utilities

941 F. Supp. 233 · District Court, D. Massachusetts · Aug 27, 1996

It requires that rates established for QFs “(i) [s]hall'be just and reasonable and in the public interest; and (ii) [sjhall not discriminate against any qualifying facility in comparison to rates for sales to other customers … This rule provides that rates established for QFs “(i) [s]hall be just and reasonable and in the public interest; and (ii) [sjhall not discriminate against any qualifying facility in comparison to rates for sales to other