Case law

Commonwealth v. Curtis

388 Mass. 637 · Massachusetts Supreme Judicial Court · Apr 7, 1983

L. c. 211, § 3, requesting a grant of immunity to a defense witness. … Here, the prosecutor clearly established that the Commonwealth had a strong interest in opposing a grant of immunity.

Town of Boxford v. Massachusetts Highway Department

458 Mass. 596 · Massachusetts Supreme Judicial Court · Dec 28, 2010

If the town does so, it may also seek to establish that it is entitled to injunctive relief pursuant to G. L. c. 214, § 7A. 21 b. Mandamus. … L. c. 85, § 7A, clearly involve discretion and judgment.

Rodrigues v. City of Brockton

District Court, D. Massachusetts · Sep 3, 2024

Qualified immunity is a judicial doctrine meant to shield public officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory … “The First Circuit has adopted a two-part test to assess qualified immunity.” Cosenza v. City of Worcester, 355 F. Supp. 3d 81, 94 (D. Mass. 2019).

Irwin v. Town of Ware

392 Mass. 745 · Massachusetts Supreme Judicial Court · Aug 15, 1984

The letter also fails to qualify under the statute because the writer clearly relied upon information from other persons and it was not shown that those persons had reported that information as business routine. … removed the defense of immunity in certain tort actions against. . . municipalities. ...

G.R. ex rel. G.W. v. Johnson

6 Mass. L. Rptr. 4 · Massachusetts Superior Court · Sep 13, 1996

The Academy is owned and operated by Notre Dame Academy at Worcester, Inc., a charitable corporation which qualifies as tax exempt under 26 U.S.C. §501 (c) (3). … The immunity conferred by G.L.c. 231, §85K immunizes these defendants from liability for any negligent failure to adopt procedures to handle student complaints.

Piccuirro v. Gaitenby

20 Mass. App. Ct. 286 · Massachusetts Appeals Court · Jun 28, 1985

The judge’s findings of a violation by the defendant of regulation 14.1(b) is clearly warranted. … Your acts in that posture were clearly deceptive, unfair, unconscionably oppressive.

Hullum v. Mici

District Court, D. Massachusetts · Mar 26, 2025

Qualified Immunity “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official … plaintiff faced in new housing unit, summary judgment based on qualified immunity was not merited because “it was clearly established that prison officials violate a prisoner's Eighth

Commonwealth v. Andrade

468 Mass. 543 · Massachusetts Supreme Judicial Court · Jun 25, 2014

Redirect examination of immunized witness. Edwin, who at trial recounted various incriminating statements made by the defendant following the victim’s death, testified pursuant to a grant of immunity. … It should be noted that he did not even reference the immunity agreement or Edwin’s obligations thereunder.

Dolan v. Bay Management Group, Inc.

4 Mass. L. Rptr. 657 · Massachusetts Superior Court · Feb 15, 1996

As to Dolan’s claims of immune system damage, the defendants’ argument is persuasive. … Dolan’s claims of immune system damage are therefore barred by the statute of limitations.

Conlon v. Scaltreto

District Court, D. Massachusetts · Jun 21, 2024

Qualified Immunity Generally The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory … In the absence of any such clearly established right, the officers are entitled to qualified immunity. Accordingly, Count 3 as to the individual defendants will be dismissed. 4.

Kosilek v. Maloney

221 F. Supp. 2d 156 · District Court, D. Massachusetts · Aug 28, 2002

Indeed, the court found that Maloney, in his individual capacity, had qualified immunity and dismissed Kosilek’s claims for damages because the relevant law was not clearly established. … It is, however, clearly established that an inmate has such a right.

George S. Carrington Co. v. State Tax Commission

375 Mass. 549 · Massachusetts Supreme Judicial Court · Jun 29, 1978

Clearly, these goods were “in” interstate commerce once they were delivered to the post office. … Carrington’s argument assumes that interstate commerce enjoys a sort of “free trade” immunity from State taxation, but this view has been abandoned by the United States Supreme Court in favor of an approach that considers

Poirier v. Massachusetts Department of Correction

532 F. Supp. 2d 275 · District Court, D. Massachusetts · Jan 30, 2008

Qualified Immunity One last point needs to be addressed. … It is clear from the discussion above that the right relied on by Poirier had not been “clearly established” as that term is properly understood, see Saucier v.

Fine Mortuary College, LLC v. American Board of Funeral Service Education, Inc.

473 F. Supp. 2d 153 · District Court, D. Massachusetts · Dec 18, 2006

The only question is whether the ABSFE qualifies as a “charitable organization” within the meaning of the statute. … The Court finds, therefore, that the ABS-FE qualifies for charitable immunity and liability on the state tort claims will be limited to $20,000 pursuant to M.G.L. c. 231, § 85K. c.

Commonwealth v. Springfield Terminal Railway Co.

80 Mass. App. Ct. 22 · Massachusetts Appeals Court · Aug 9, 2011

Subsequently, Pan Am’s motion requesting that the judge grant judicial immunity or order the Commonwealth to apply for statutory immunity for Collins was denied. … The statute criminalizing failure to report a qualifying release to DEP plainly requires knowledge of such a release and the absence of notification to DEP in order to establish criminal liability.

Stewart v. Amaral

626 F. Supp. 192 · District Court, D. Massachusetts · Dec 31, 1985

Before a court can grant immunity to a defense witness, “the defendant must make a convincing showing sufficient to satisfy the court that the testimony which will be forthcoming is both clearly exculpatory and essential … Specifically, immunity should be denied “if the proffered testimony is found to be ambiguous, not clearly exculpatory, cumulative or if it is found to relate only to the credibility of the government’s witnesses.” Id.

Commonwealth v. Prater

431 Mass. 86 · Massachusetts Supreme Judicial Court · Mar 22, 2000

(b) Instruction regarding testimony of immunized or accomplice witnesses. Relying primarily on Commonwealth v. … Ethel Jones testified as part of her plea agreement and Amaury Soriano testified in exchange for a grant of immunity.

Murphy v. Town of Chatham

41 Mass. App. Ct. 821 · Massachusetts Appeals Court · Dec 26, 1996

Decades before the enactment of the Act, it was well established that a municipal *825 ity was not immune from liability if it created or maintained a private nuisance on its land which caused injury to the real property … We think that the judge’s decision was not clearly erroneous and that the admission of the rainfall records would not have compelled the conclusion that the problem had not been solved.

Commonwealth v. Baxter

94 Mass. App. Ct. 587 · Massachusetts Appeals Court · Dec 13, 2018

Notwithstanding this general rule, as we have frequently held, the testimony and reports of qualified examiners are not wholly immune to judicial scrutiny. See, e.g., Esteraz, petitioner , 90 Mass. App. … Having established that the motion judge was not per se precluded from assessing the admissibility of Dr. Joss's opinion, we turn to the specific issue here, reviewing the judge's decision to disqualify Dr.

Newton-Wellesley Hospital v. Magrini

451 Mass. 777 · Massachusetts Supreme Judicial Court · Jul 10, 2008

L. c. 112, § 2,] or qualified psychiatric nurse mental health clinical specialist authorized to practice as such under regulations promulgated pursuant to [G. … L. c. 112, § 80S,] or a qualified psychologist licensed pursuant to [G.