Case law

Barley v. Town of Auburn

19 Mass. L. Rptr. 73 · Massachusetts Superior Court · Feb 16, 2005

Both Heaberlin and Jacome involve fact patterns where the public employer clearly did not “originally cause” the “condition or situation” that ultimately caused harm. … Section 10(j), the Legislature’s own version of the public duty rule, establishes a broad range of immunity, but also recognizes three distinct exceptions.

Commonwealth v. Marcus M., a juvenile

Massachusetts Appeals Court · Jul 27, 2017

immunity for the medical use of  6 were entitled to immunity for the medical use of marijuana, the judge could properly sentence the defendant for violations … Nor was the defendant a qualifying patient entitled to immunity under the act when he violated the conditions of his probation by using marijuana prior to acquiring the certificate."

Crawford v. Blue

271 F. Supp. 3d 316 · District Court, D. Massachusetts · Sep 21, 2017

reasonable reliance on existing law [i.e„ qualified immunity].” … In assessing a defense of qualified immunity, courts examine: “(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

Massachusetts Electric Co. v. Pacific National Investment Corp.

9 Mass. App. Ct. 752 · Massachusetts Appeals Court · May 19, 1980

The judge’s subsidiary findings of fact will not be set aside unless they are found to be clearly erroneous. Mass.R. Giv.P. 52(a), 365 Mass. 816 -817 (1974). … On the evidence, the judge properly rejected the plaintiff’s argument that “Pacific’s acting as nominee . . . bears upon unjust enrichment and corporate immunity . . . and ... is a basis for finding fraud.”

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).

Swartz v. Cartwright ex rel. Estate of Voorhees

15 Mass. L. Rptr. 261 · Massachusetts Superior Court · Jul 19, 2002

The establishment of the elements of a Qualified Patient Care Assessment Program pursuant to 243 CMR 3 .07, paragraph three, are hereby authorized. c. … “In the medical peer review context, the court must first determine whether the records for which the privilege is claimed are on their face such as clearly fall within the privilege ...

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

Commissioners v. Federal National Mortgage Ass'n

978 F. Supp. 2d 69 · District Court, D. Massachusetts · Aug 9, 2013

local transfer taxes only if 1) they have inherent constitutional immunity or are federal instrumentalities, or 2) they are immunized by the enactment of a constitutional statute. … It is unnecessary for this Court to determine whether a congressionally created entity is a federal instrumentality qualified for implied constitutional immunity from taxation if that entity is already exempt pursuant to

Fabrizio v. City of Quincy

9 Mass. App. Ct. 733 · Massachusetts Appeals Court · May 15, 1980

Under that formulation the vague or ambiguous complaint tends to be immune from dismissal under rule 12 (see, e.g., Balsavich v. Local 170, Intl. Brotherhood of Teamsters, 371 Mass. 283 , 287 [1976]; Dioguardi v. … Section 54 is one of a number of statutes the purpose of which is “to qualify a removal at pleasure, by requiring a record to be made of the cause.” O ’Dowd v. Boston, 149 Mass. 443, 446 (1889). See Ayers v.

Grendel's Den, Inc. v. Goodwin

495 F. Supp. 761 · District Court, D. Massachusetts · Aug 14, 1980

Such statutes are clearly distinguishable. Section 16C does not impose such a flat statutory ban. Indeed, § 16C’s Establishment Clause defect exists because that statute does not impose a flat ban. … In Midcal, supra, 445 U.S. at 105 , 100 S.Ct. at 943 , a unanimous Supreme Court stated a two-part test for the establishment of Parker immunity: “[fjirst, the challenged restraint must be ‘one clearly articulated and affirmatively

Baptiste v. Executive Office of Health & Human Services

Massachusetts Appeals Court · Feb 28, 2020

Civil Rights, Supervisory liability, Immunity of public official. Massachusetts Tort Claims Act. Governmental Immunity. Commonwealth, Claim against, Liability for tort. … Castillo-Rodríguez, 23 F.3d 576, 581-582 (1st Cir. 1994) (to establish supervisory liability, plaintiff must first show underlying constitutional violation).

Papadakis v. CSX Transportation, Inc.

233 F.R.D. 227 · District Court, D. Massachusetts · Jan 10, 2006

Export-Isbrandtsen Lines, Inc., 59 F.R.D. 148, 150-51 (E.D.Pa.1973) (“Obviously files which would tend to show a plaintiffs physical condition, how he moves, and the restrictions which are his, are highly relevant — perhaps they will establish … The doctrine creates a form of qualified immunity from discovery for such materials, but does not label them “privileged” and, thus, outside the scope of discovery under Rule 26(b)(1).

Ford v. City of Boston

154 F. Supp. 2d 123 · District Court, D. Massachusetts · Jul 31, 2001

Sheriff Rouse’s Qualified Immunity For the reasons stated in the Class Summary Judgment Memorandum, I conclude that Rouse has established the defense of sovereign immunity for his role in the County strip-search, as the search … Ford must still establish the factual truth of this story at trial, but assuming she is able to do so, Massachusetts law does not grant the City immunity from her claim.

Trustees of the Stigmatine Fathers, Inc. v. Secretary of Administration & Finance

369 Mass. 562 · Massachusetts Supreme Judicial Court · Jan 14, 1976

The transcript of the hearing on the motion does not show this, but it does not clearly show the contrary. … We think we should finally lay it to rest. *568 The statute required an “independent appraisal ... by a qualified disinterested appraiser.”

Mulgrew v. City of Taunton

410 Mass. 631 · Massachusetts Supreme Judicial Court · Jul 11, 1991

A qualified or conditional privilege, on the other hand, immunizes a defendant from liability unless he or she acted with actual malice, Tosti v. … The judge’s finding that the plaintiff voluntarily resigned from the city’s police department was not clearly erroneous.

Valcourt v. Hyland

503 F. Supp. 630 · District Court, D. Massachusetts · Sep 4, 1980

Nevertheless, it has been established “that § 1983 is to be read in harmony with general principles of tort immunities and defenses rather than in derogation of them.” Imbler v. … Piphus, supra, 435 U.S. at 256-257 , 98 S.Ct. at 1048 . 15 Indeed, part of the rationale of the Supreme Court in rejecting the availability of a qualified good-faith immunity for municipalities in § 1983 damages actions was

Anzalone v. Administrative Office of the Trial Court

457 Mass. 647 · Massachusetts Supreme Judicial Court · Aug 30, 2010

P. 12 (b) (6), 365 Mass. 754 (1974), estoppel, fraud, failure of a condition precedent, *651 and sovereign immunity. … Nor is there any hint in the statute that the Commonwealth has agreed to waive its sovereign immunity to permit such claims. See DeRoche v.

Kane v. Town of Sandwich

123 F. Supp. 3d 147 · District Court, D. Massachusetts · Aug 18, 2015

The Town argues that "[e]ven though the plaintiff here did not proceed under 42 U.S.C. § 1983 , but proceeded under USERRA itself, qualified immunity or something like it should be considered.” D. 15 at 15. … This Court declines to entertain this argument because even in the § 1983 context, a municipality like the Town (the only defendant here) does not enjoy a qualified immunity defense. Haley v.

Vassallo v. Baxter Healthcare Corp.

428 Mass. 1 · Massachusetts Supreme Judicial Court · Jul 16, 1998

Once again, this letter did not completely address the potential effects of silicone migration on the body’s immune system. Mrs. … Garrido’s claimed observations of [silicone] in the NMR is supported by scientifically valid reasoning and methodology . . . and are clearly relevant to the matter at hand.”

Brown, Rudnick, Freed & Gesmer v. BD OF ASS. OF BOSTON

389 Mass. 298 · Massachusetts Supreme Judicial Court · May 31, 1983

Commissioner of Corps. & Taxation, 263 Mass. 476, 485-486 (1928). “ [T]he burden of proof is upon the one claiming an exemption from taxation to show clearly and unequivocally *304 that he comes within the terms of the exemption … that a corporation doing business with its parent entity qualifies as a “domestic business corporation” within the meaning of G.