Case law

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.

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.

Commonwealth v. Turner

371 Mass. 803 · Massachusetts Supreme Judicial Court · Feb 2, 1977

As a result of promises of immunity from the Norfolk district attorney, and after having received a limited grant of immunity from this court, John F. … The requirements of the statute have clearly been met in these cases.

Williams v. Peters

10 F.R.D. 445 · District Court, D. Massachusetts · Jun 27, 1950

This is not a case where only one act or statement is in issue and which was made either clearly under color of office or clearly not under such color. … from liability is established as a matter of law.

Mullins v. Pine Manor College

389 Mass. 47 · Massachusetts Supreme Judicial Court · May 2, 1983

The common law doctrine of charitable immunity provides that charitable institutions are immune from liability for their torts. McDonald v. Massachusetts Gen. Hosp., 120 Mass. 432, 436 (1876). … A fair reading of the expert’s testimony clearly indicates that it was based on facts in the record. Cases like Slater v. T.C.

O'Connor v. Nantucket Bank

992 F. Supp. 2d 24 · District Court, D. Massachusetts · Jan 16, 2014

a creditor can constitute a debt collection activity”) (citing Heintz, 514 U.S. at 294 , 115 S.Ct. 1489 ); see also Sayyed, 485 F.3d at 230 (“The statutory text makes clear that there is no blanket common law litigation immunity … Was the October 7, 2011 Letter a Qualified Written Request?

In re Grand Jury Subpoena

220 F.R.D. 130 · District Court, D. Massachusetts · Mar 16, 2004

Thus, an adversarial rulemaking is litigation for purposes of the immunity. … The Court agrees with Professors Wright, Miller, and Marcus that the question whether to characterize work product protection as a "privilege,” as a "qualified privilege,” or as an "immunity” is a comparatively unimportant

United States v. Romano

929 F. Supp. 502 · District Court, D. Massachusetts · Jun 21, 1996

Assuming the allegations in the indictment to be trae, Romano clearly violated Alaska law. … Romano’s claims clearly fall on the “something else” side of the line. In Baldwin v.

United States v. Massachusetts Institute of Technology

957 F. Supp. 301 · District Court, D. Massachusetts · Jan 10, 1997

Circuit have clearly rejected the selective waiver theory. See Westinghouse Elec. Corp. v. … “Materials assembled in the ordinary course of business ... or for other nonlitigation purposes are not under the qualified immunity provided by this subdivision.” Fed.R.Civ.P. 26(b)(3) advisory committee’s note.

Berge v. School Committee of Gloucester

District Court, D. Massachusetts · Dec 5, 2022

Qualified immunity provides that “government officials performing discretionary functions” are generally “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … to the protection of qualified immunity.

Lynsky Ex Rel. Estate of Maguire v. City of Boston

761 F. Supp. 858 · District Court, D. Massachusetts · Apr 10, 1991

As a result, he argues, he has qualified immunity from suits for gross negligence. Memorandum of Defendant, Dae Yung Chun, M.D. … Chun also asserts the qualified immunity from suit granted to him by virtue of his status as a public employee in support of his motion for summary judgment with respect to the claims of gross negligence.

Alicea v. Silva

271 F. Supp. 3d 370 · District Court, D. Massachusetts · Sep 26, 2017

Under the AEDPA: a federal court may grant habeas relief if the state court adjudication “resultéd in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … established Supreme Court precedent.

Chaabouni v. City of Boston

133 F. Supp. 2d 93 · District Court, D. Massachusetts · Feb 27, 2001

The Act abrogates the doctrine of sovereign immunity, but only to the extent provided in the statute. … Although there is no specific allegation that uses these magic words, the factual allegations that the officers pulled Chaabouni out of his cab and indiscriminately beat him at least qualify as coercion.

Lingis ex rel. Estate of Lingis v. Waisbren

20 Mass. L. Rptr. 439 · Massachusetts Superior Court · Jan 25, 2006

They were, therefore, allegedly immune from tort liability pursuant to c. 258, §2. … Here, a list of the Defendant’s acts that together established egregious professional negligence include: Naming the wrong parties in the complaint in the Original Action.

In the Matter of Tocci

413 Mass. 542 · Massachusetts Supreme Judicial Court · Oct 8, 1992

In Novak , the applicant would have qualified to take the bar examination except that the requirements of S.J.C. … There is clearly a direct rational connection between the requirement of graduation from an accredited law school and an applicant’s fitness to practice law.

Gomez v. Paxton Municipal Light Department

20 Mass. L. Rptr. 551 · Massachusetts Superior Court · Jan 30, 2006

Additionally, the agreement clearly exempts from indemnification any issues that arise from the sole negligence of Paxton. Id. … Municipalities clearly have discretion in making decisions about budgeting and allocating funds.

Wagner v. City of Holyoke

241 F. Supp. 2d 78 · District Court, D. Massachusetts · Jan 24, 2003

This fact will be significant when the court addresses the individual defendants’ claims of qualified immunity below. … The First Circuit’s recent discussion of qualified immunity in Dirrane v.

Spring v. Geriatric Authority of Holyoke

394 Mass. 274 · Massachusetts Supreme Judicial Court · Mar 14, 1985

Consistent with the common law principles of governmental immunity which preceded the Massachusetts Tort Claims Act, we conclude that public employers retain their immunity from suits arising from intentional torts. … The inverted rule here creates an immunity, and establishes liability by exception.” Id. at 621 . In Morash we urged the abrogation of governmental immunity by legislative action.

Todino v. Town of Wellfleet

66 Mass. App. Ct. 143 · Massachusetts Appeals Court · Apr 19, 2006

The Legislature clearly intended to provide full recovery for police officers and fire fighters incapacitated by injuries sustained in the performance of their duties due to no fault of their own. … Although not directly applicable, we note that the Legislature strictly has required timely payments of wages to active workers and established significant penalties, including fines and imprisonment, for untimely payment

Aaron v. City of Lowell

District Court, D. Massachusetts · Aug 5, 2024

Qualified immunity protects public officials, in their individual capacity, “if their actions ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Determining whether a right is “clearly established” is also a two-party inquiry. Id.