Case law

Campbell v. Casey

166 F. Supp. 3d 144 · District Court, D. Massachusetts · Feb 29, 2016

Defendant seeks summary judgment' due to qualified immunity as well as on the merits. a. … That right has been clearly established by the U.S. Supreme Court for decades.

Morse v. Massachusetts Executive Office of Public Safety Department of State Police

123 F. Supp. 3d 179 · District Court, D. Massachusetts · Aug 18, 2015

qualified immunity. … Therefore, to overcome Defendants’ qualified immunity defense, Plaintiffs must show that their rights were “clearly established” at the time of the violation.

Aceto v. Kachajian

240 F. Supp. 2d 121 · District Court, D. Massachusetts · Jan 24, 2003

Overview of Qualified Immunity “Qualified immunity protects public officials from section 1983 civil liability so long *124 as they ‘acted reasonably under settled law in the circumstances.’ ” Veilleux v. … Clearly Established Right Because the factual allegations — if true — show defendants violated a constitutional right, the critical question is whether the constitutional right was clearly established.

Hathaway v. Stone

687 F. Supp. 708 · District Court, D. Massachusetts · Jun 27, 1988

Even if it did, they further contend that they are entitled to qualified immunity. … As set out in Voutour , the standard for qualified immunity is whether a government official performing discretionary functions should reasonably have known that his or her actions violated clearly established statutory or

Duhani v. Town of Grafton

52 F. Supp. 3d 176 · District Court, D. Massachusetts · Sep 26, 2014

The qualified immunity analysis requires a court to decide ‘(1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right; and (2) if so, whether the right was “clearly established … Since Duhani has failed to establish a violation of his constitutional right, Mclnerney is entitled to qualified immunity.

Rose v. Town of Concord

971 F. Supp. 47 · District Court, D. Massachusetts · Jul 15, 1997

Qualified immunity shields government officials from liability for civil damages when their actions “[do] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … An Officer’s “qualified immunity is pierced only if there clearly was no probable cause at the time the arrest was made.” Id.; see also Topp v. Wolkowski, 994 F.2d 45, 48 (1st Cir.1993).

Martino v. Hogan

37 Mass. App. Ct. 710 · Massachusetts Appeals Court · Dec 13, 1994

The defendants answered with denials and defenses including the defense of “qualified immunity.” … Finally, even were it assumed that the constitutional rule was “clearly established” and violated, so that qualified immunity did not attach, the defendants could be held individually liable for damages for the infractions

Foster v. McGrail

844 F. Supp. 16 · District Court, D. Massachusetts · Jan 25, 1994

In addition, even if plaintiff succeeded in proving a prima facie claim for a state constitutional violation, he failed to overcome defendant’s qualified immunity as established *25 under state law. … is claiming “have violated a right under Federal or State constitutional or statutory law that was ‘clearly established’ at the time.”

LaChance v. Commissioner of Correction

463 Mass. 767 · Massachusetts Supreme Judicial Court · Nov 27, 2012

judgment, on the basis of qualified immunity. … Qualified immunity.

Facey v. Dickhaut

91 F. Supp. 3d 12 · District Court, D. Massachusetts · Sep 30, 2014

a violation of clearly established law. … The second prong of the qualified immunity analysis requires that the right have been clearly established at the time that it was allegedly violated. See Feliciano-Hernandez, 663 F.3d at 532 .

Ciolino v. Eastman

128 F. Supp. 3d 366 · District Court, D. Massachusetts · Sep 3, 2015

Second Prong: Clearly Established Right The disputes of fact discussed above also preclude the Court from finding that the constitutional rights allegedly violated were not “clearly established,” such that Defendants would … be entitled to qualified immunity on the second prong of the test.

Barbosa v. Conlon

962 F. Supp. 2d 316 · District Court, D. Massachusetts · Jun 10, 2013

Qualifíed Immunity — In General “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as then-conduct does not violate clearly established statutory or constitutional … “[T]he second, ‘clearly established’ step of the qualified immunity analysis ... in turn, has two aspects.” Maldonado v. Fontanes, 568 F.3d 263, 269 (1st Cir.2009).

Pasqualone v. Gately

422 Mass. 398 · Massachusetts Supreme Judicial Court · Apr 5, 1996

As the Supreme Court stated in *403 Anderson, supra at 639 , “[pjlaintiffs would be able to convert the rule of qualified immunity that our cases plainly establish into a rule of virtually unqualified liability simply by … Although we have no doubt that Gately violated Pasqualone’s clearly established constitutional rights, we must acknowledge that this case exposes a gap in our law.

Hutton v. Superintendent, Massachusetts Correctional Institution, Norfolk

45 Mass. App. Ct. 304 · Massachusetts Appeals Court · Aug 13, 1998

“clearly established statutory or constitutional right[] of which a reasonable person would have known.” … Hutton’s rights were not clearly established, and the defendants, therefore, enjoy immunity from suit under the § 1983 claim and under the common law false imprisonment claim. 6 The defendants’ motions for summary judgment

White v. Gurnon

67 Mass. App. Ct. 622 · Massachusetts Appeals Court · Oct 30, 2006

Was the right clearly established!? … The qualified immunity doctrine shields government officials from monetary liability in their personal capacity provided the official’s conduct did not violate an individual’s rights that were “clearly established” under

Niles v. Town of Wakefield

172 F. Supp. 3d 429 · District Court, D. Massachusetts · Mar 24, 2016

Qualified Immunity ■ The First Circuit recently described the contours of the qualified immunity defense in detail as follows: The rules for granting qualified immunity are well established, “The doctrine of qualified immunity … ” subject to qualified immunity).

Masonoff v. DuBois

336 F. Supp. 2d 54 · District Court, D. Massachusetts · Sep 17, 2004

To determine whether the defendants here are entitled to the shield of qualified immunity, I must inquire: “(1) whether the facts as alleged make out a constitutional violation; (2) whether that right was clearly established … Was the right clearly established?

Brady v. Dill

24 F. Supp. 2d 129 · District Court, D. Massachusetts · Oct 16, 1998

Qualified Immunity There are two parts to any qualified immunity analysis. First, it must be determined whether the right asserted by the plaintiffs was “clearly established” at the time of the alleged violation. … The reason cited was that “the focus in the usual Fourth Amendment qualified immunity analysis is not whether it is 'clearly established' that an unreasonable search and seizure would violate the Constitution but rather whether

Mason v. Massachusetts Department of Environmental Protection

774 F. Supp. 2d 349 · District Court, D. Massachusetts · Mar 29, 2011

entitled to qualified immunity because their liability had not been “clearly established.” 160 The Individual Defendants provide no First Circuit case law to support the application of qualified immunity here. 161 The Individual … See, e.g., Darby, 287 F.3d at 681 (explaining that the qualified immunity defense does not apply because the FMLA creates "clearly established statutory rights”).

Doe Ex Rel. Doe v. Preston

472 F. Supp. 2d 16 · District Court, D. Massachusetts · Jan 30, 2007

third prongs [of the qualified immunity test].” 469 F.3d at 168. … The plaintiff argues that the defendants were on notice that their strip search policy violated clearly established law because “closely analogous cases” clearly established that policies permitting strip searches conducted