Case law

Resource Management Co. v. Huggins

25 Mass. L. Rptr. 337 · Massachusetts Superior Court · Jul 16, 2008

If a clerk is not carrying out a judge’s directive, the clerk is entitled only to qualified immunity. … Qualified Immunity In the alternative, Huggins argues that RMC’s claims are barred by the Massachusetts Tort Claims Act, G.L.c. 258, §2.

Commonwealth v. Miller

475 Mass. 212 · Massachusetts Supreme Judicial Court · Aug 17, 2016

Testimony of immunized witness. … Here, Helger's testimony was clearly relevant to demonstrate the contentious relationship between the defendant and the victim.

MacBrayne v. City Council

241 Mass. 380 · Massachusetts Supreme Judicial Court · May 18, 1922

They shall continue in office, however, until their successors have been appointed, confirmed and qualified.” … It affords them no special immunity and confers on them no tenure superior to that of other city officers.

Craig Harrison and Barbara Ruchie, on Behalf of Themselves and All Others Similarly Situated v. Massachusetts Bay Transportation Authority

Massachusetts Superior Court · Jul 22, 2020

Ct. 237 , 244 (2019) ("Whether a defendant has sovereign immunity raises questions of subject matter jurisdiction.").[2] It is now well established that the MBTA shares the Commonwealth's sovereign immunity. … Neither the independent contractor statute nor the MBTA's enabling act clearly and unequivocally waives the MBTA's sovereign immunity as to liability for allegedly misclassifying a worker as an independent contractor rather

National Private Truck Council, Inc. v. Commissioner of Revenue

426 Mass. 324 · Massachusetts Supreme Judicial Court · Dec 22, 1997

“Section 381 was designed to define clearly a lower limit for the exercise of [State taxing] power. ... … In construing § 381, the Supreme Court of Virginia stated that “[i]n enacting § 381, Congress did not identify any manner of delivery necessary to qualify for immunity.

Mallory v. Marshall

659 F. Supp. 2d 231 · District Court, D. Massachusetts · Sep 22, 2009

Lebron Gonzalez, 909 F.2d 8, 13-14 (1st Cir.1990) (prison guard not entitled to qualified immunity where evidence at trial established that he stood by during a prisoner assault, and did not attempt to intervene or call for … In light of this conclusion, this court declines to address whether the Defendants are entitled to qualified immunity. See Aguiar-Carrasquillo v.

Hunt v. Weatherbee

626 F. Supp. 1097 · District Court, D. Massachusetts · Jan 23, 1986

In any event, this clearly is a factual issue that cannot be decided at this stage in the proceedings. 2. … No claim for relief will lie under § 1986 unless a cause of action can be established under § 1985. Hahn v.

Carney v. City of Springfield

403 Mass. 604 · Massachusetts Supreme Judicial Court · Dec 19, 1988

The commission found no violation of Carney’s rights under either the United States or Massachusetts Constitutions and that the questions propounded to Carney fell within the permissible scope of inquiry as established by … The record clearly demonstrates that Officer Carney never received from the district attorney a promise not to prosecute him.

Headley v. Berman

419 Mass. 624 · Massachusetts Supreme Judicial Court · Mar 8, 1995

We agree with the judge that, given the facts established for summary judgment purposes by the submitted materials, the defendant physicians and nurse are immune from liability. … The issue is whether the antituberculosis treatment program administered to Headley at the clinic qualifies as an “other protective program [ ] under public health programs” within the G.

Putnam v. Town of Saugus, Mass.

365 F. Supp. 2d 151 · District Court, D. Massachusetts · Apr 7, 2005

to qualified immunity. … Vasapolli argues that he is shielded by qualified immunity because .he did not violate clearly established law. Id. (citing Fabiano v. Hopkins, 352 F.3d 447, 452 (1st Cir.2003)).

Baker v. City of Lawrence

379 Mass. 322 · Massachusetts Supreme Judicial Court · Dec 6, 1979

The requirements for admission established in the Juvenile case include the voluntary agreement by the defendant, before the test is administered, to allow the results, whether favorable or unfavorable to him, to be put in … They subjoin the contention that if the present investigation may be called criminal, the statute might as well have used the word “investigations” without the adjective, for all investigations would henceforth qualify as

Petition of the Dist. Attorney for the Plymouth Dist.

391 Mass. 723 · Massachusetts Supreme Judicial Court · Apr 23, 1984

immunity clearly does not comport with these statutory procedures. … Whether the witness will actually claim the privilege against self-incrimination if called to testify is not yet established. 6 In Commonwealth v.

Welch v. Paicos

66 F. Supp. 2d 138 · District Court, D. Massachusetts · Sep 2, 1999

Qualified Immunity The doctrine of qualified immunity protects “state actors whose behavior has violated plaintiffs’ rights as long as those rights were not at the time [of the violation] clearly established under the Constitution … Thus, the “classic question that a qualified immunity defense poses is whether the allegedly violated federal right was established with sufficient clarity that a reasonable government functionary should have conformed his

Perloff v. Symmes Hospital

487 F. Supp. 426 · District Court, D. Massachusetts · Mar 20, 1980

If defendant hospital establishes that it was a charitable institution at the time of the claimed events in 1968 and 1969, Massachusetts law would bestow immunity from tort liability for those actions. Ricker v. … That argument is clearly foreseeable in the context of Reich but was rejected by the stated limitation of that case.

Commonwealth v. Drew

447 Mass. 635 · Massachusetts Supreme Judicial Court · Nov 9, 2006

Rondeau, 378 Mass. 408, 412 (1979), is not established by a violation of CPCS standards. … The short answer to this claim is that the time line was never firmly established.

Asiala v. City of Fitchburg

24 Mass. App. Ct. 13 · Massachusetts Appeals Court · Apr 3, 1987

Decades before the enactment of the Act, it was well established that a municipality was not immune from liability if it created or maintained a private nuisance on its land which caused injury to the real property of another … Therefore, when the Legislature abolished the doctrine of governmental immunity by enacting the Act, it was not necessary to abolish immunity with respect to private nuisance claims.

ROBERT JAMES O'BRIEN v. KIRK RUSSELL & Others.

Massachusetts Appeals Court · Aug 14, 2024

In ruling on the motion, the judge concluded that Russell and Dwelly were entitled to qualified immunity. … O'Brien first claims that the judge erred by concluding that Russell and Dwelly were entitled to qualified immunity.

Sietins v. Joseph

238 F. Supp. 2d 366 · District Court, D. Massachusetts · Jan 6, 2003

Although the Police Defendants raise qualified immunity as an alternative affirmative defense, the court does not reach this issue because it finds Mr. … Fenton, 891 F.2d 373, 383 (1st Cir.1989) (stating proper sequence of analysis in cases involving qualified immunity is to first determine if there has been a constitutional deprivation before considering qualified immunity

The Woodward School for Girls, Inc. v. City of Quincy

469 Mass. 151 · Massachusetts Supreme Judicial Court · Jul 23, 2014

"A finding [of fact] is clearly erroneous . . . … L. c. 258, § 10, explicitly excludes certain types of claims that the Legislature clearly decided must give way to sovereign immunity.

S.S. ex rel. S.Y. v. City of Springfield

146 F. Supp. 3d 414 · District Court, D. Massachusetts · Nov 19, 2015

Defendants argue the BSEA finding that S.S. had been provided with FAPE in the LRE. conclusively establishes that S.S. was not a qualified individual with a disability. … Since *425 Plaintiffs have alleged facts from which such an inference can be made, they have also satisfactorily pled that S.S. was a qualified individual with a disability, thus establishing the first element of an ADA claim