Case law

Cronin v. Strayer

392 Mass. 525 · Massachusetts Supreme Judicial Court · Jul 17, 1984

L. c. 231, § 85N does grant such Committees immunity from liability for good faith actions.” But the judge concluded that the statute does not “grant either the defendant ... or the Committee immunity from discovery.” … The qualified privilege could be overcome by a showing of “extraordinary circumstances.”

Vuthy Seng v. Commonwealth

445 Mass. 536 · Massachusetts Supreme Judicial Court · Dec 15, 2005

physicians or one or more qualified psychologists. … As to the identity of the experts, the statute says only that they must be “qualified physicians” or “qualified psychologists.” See G.

Kinneen v. Wells

144 Mass. 497 · Massachusetts Supreme Judicial Court · May 11, 1887

naturalized in the United States, and subject to the jurisdiction thereof, aré citizens of the United States and of the State wherein they reside, lío State shall make or enforce any law which shall abridge the privileges or immunities … It has never been doubted that minors, having the other requisite qualifications, become qualified to vote immediately upon arriving at full age.

Foster v. Murphy

211 F. Supp. 2d 354 · District Court, D. Massachusetts · Jul 16, 2002

, and (5) defendants are protected by qualified immunity. … The court has also previously addressed the issue of qualified immunity. See Docket No. 74 at 17.

De Dios v. Massachusetts Executive Office of Environmental Affairs

23 Mass. L. Rptr. 565 · Massachusetts Superior Court · Feb 26, 2008

sovereign immunity. … Upon parsing the statute, two requirements emerge in order for an owner to qualify for immunity: (1) the owner must permit the public to use the land for recreational purposes, and (2) the owner must not impose a charge or

Sepulveda v. UMass Correctional Health Care

160 F. Supp. 3d 371 · District Court, D. Massachusetts · Feb 5, 2016

In the first step, the court examines a variety of “structural” factors to determine whether the state “clearly structured the entity to share its sovereignty.” Id (internal quotations and citation omitted). … It is well-established that the MTCA’s waiver of sovereign immunity extends only to claims brought in state court.

Payton v. Abbott Labs

386 Mass. 540 · Massachusetts Supreme Judicial Court · Jun 22, 1982

It is enough that the law establishes liability in favor of those directly or intentionally harmed”). … Worcester, 373 Mass. 208 (1977) (municipal immunity); Ricker v.

Corbin v. Gillen

839 F. Supp. 2d 376 · District Court, D. Massachusetts · Dec 30, 2011

Defendants raise a qualified immunity defense, which given the court's findings, is moot. See Pearson v. … Callahan, 555 U.S. 223, 242 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) (where qualified immunity is raised "the judges of the district courts and the courts of appeals are in the best position to determine the order of decisionmaking

Rogers v. Okin

478 F. Supp. 1342 · District Court, D. Massachusetts · Oct 29, 1979

Indeed, a persuasive demonstration of good faith by a defendant may entitle him to qualified immunity from any award of money damages, despite the fact that his actions caused a constitutional deprivation. … These considerations suggest that, in varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent upon the scope of discretion and responsibilities of

Commonwealth v. Dormady

423 Mass. 190 · Massachusetts Supreme Judicial Court · Jul 15, 1996

And again if [there] is any intent here to establish you know, I don’t know how it would be done (inaudible) any criminal investigation, I would want it understood on the record that he would have this appropriate immunity … The judge’s findings that Dormady’s testimony was compelled, and that he sufficiently asserted his privilege against compelled self-incrimination embodied in art. 12 were not clearly erroneous and will be upheld.

Derry v. Saint Vincent Hospital

12 Mass. L. Rptr. 631 · Massachusetts Superior Court · Jan 17, 2001

Saint Vincent’s present motion speaks solely to its alleged liability under EMTALA and more specifically whether it qualifies for tort immunity as a charitable organization such that any judgment against it for violation … Sec. 1395dd, the substantive qualify of the EMTALA civil action clearly sounds in tort.

Patel v. Martin

481 Mass. 29 · Massachusetts Supreme Judicial Court · Nov 28, 2018

Thus, for example, we allow immediate appeals from an order denying a motion to dismiss by a government official who claims absolute or qualified immunity, because the purpose of such immunity is to … trial, the right to immunity from suit would still have been "lost forever."

Brown

District Court, D. Massachusetts · Sep 3, 2026

That is so because qualified immunity will shield Leslie and Lirette from liability unless it was clearly established, as of that date, that the search incident to arrest exception is inapplicable where (1) the officers … Barnes further argues that, in any event, he is protected by qualified immunity because it was not clearly established in 2021 that a duty to intervene applies outside the context of excessive force by a fellow officer.

Nelson v. Patnaude

29 Mass. L. Rptr. 264 · Massachusetts Superior Court · Dec 28, 2011

It is well established that §2 immunizes a public employee from liability for negligent conduct that occurs as a result of an act or omission undertaken within the scope of his public employment, whether the act is ordinarily … Even if the evidence established that Dr. Patnaude could have been more forceful in his recommendations, he clearly did not show such indifference to Nelson’s condition that the Eighth Amendment had been violated.

Harvard Trust Co. v. United States

262 F. Supp. 860 · District Court, D. Massachusetts · Jan 23, 1967

Plaintiff Harvard Trust Company qualified as Executor under the will on July 10,1957, in Middlesex Probate Court. … to a widow pursuant to the provisions of Mass.G.L. c. 196, sec. 2, does not as a matter of law qualify for the marital deduction.

Commonwealth v. Vacher

469 Mass. 425 · Massachusetts Supreme Judicial Court · Aug 19, 2014

He further argues that the witness immunity statute, G. … L. c. 233, § 20E (a), is unconstitutional insofar as it "clearly inures to the benefit of only one party in our adversary system of justice."

Barrows v. Wareham Fire District

82 Mass. App. Ct. 623 · Massachusetts Appeals Court · Oct 12, 2012

Martin’s statements were made in his official capacity as superintendent of the water department, and the public clearly had an interest in both the issues being investigated and the content of the allegations made by Martin … Finally, Parola’s affidavit, which stated that in the summer of 2002 Martin told her, “I am going to make it my mission to get rid of Kevin Barrows”’ does not establish that Martin was acting in bad faith and with malice

Galvin v. Town of Yarmouth

470 F. Supp. 2d 10 · District Court, D. Massachusetts · Jan 23, 2007

Xiarhos would be entitled to qualified immunity on the federal and state civil rights claims. … violate clearly established law.

Brown v. City of Brockton

District Court, D. Massachusetts · Sep 18, 2025

Plaintiffs respond that qualified immunity is “unavailable at the motion-to-dismiss stage,” [ECF No. 21 at 16], and that the Moving Defendants violated Plaintiffs’ clearly established rights of “freedom from retaliation … Qualified immunity protects public officials, in their individual capacity, “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Sullivan v. Town of Walpole

District Court, D. Massachusetts · Mar 29, 2023

Thus, the defendants have qualified immunity with respect to the arrest of Edward Sullivan. … Feb. 13, 2012) (holding DCF employees entitled to qualified immunity).