Case law

DiGiambattista v. Doherty

897 F. Supp. 649 · District Court, D. Massachusetts · Sep 1, 1995

immunity defense. … In addition, one may ask whether an officer may be considered to have acted in "good faith” if it is clearly established that the ordinance under which he or she was acting was unconstitutional.

United States v. City of Springfield

190 F. Supp. 817 · District Court, D. Massachusetts · Jan 26, 1961

In none of them was there any provision comparable to § 607 which could be interpreted as permitting the application of any state rule establishing any priority of liens. … Clearly this is not the type of interest which Massachusetts intended to make a part of the tax due to the city. The motion of the United States for summary judgment is denied.

United States v. Salemme

985 F. Supp. 197 · District Court, D. Massachusetts · Nov 5, 1997

The government recommends that this conflict be resolved by requiring that the defendants establish their financial eligibility for appointment of counsel in an adversary hearing in which they would be provided use immunity … “A person is ‘financially unable to obtain counsel’ within the meaning of subsection (b) of the CJA if his net financial resources and income are insufficient to enable him to obtain qualified counsel.

Estate of Walenty v. Commonwealth

12 Mass. L. Rptr. 402 · Massachusetts Superior Court · Oct 4, 2000

The use of the word “may” and of the phrase “in its opinion” clearly grant to the Commonwealth’s highway department discretion to decide where lights are needed. *404 The second prong of the Stoller test requires a determination … of whether the discretion is of a type for which the statute provides immunity.

Quinn-Weinstein v. Kelly

2 Mass. L. Rptr. 401 · Massachusetts Superior Court · Jul 1, 1994

In both the Florio and the Williams cases, the defendants submitted affidavits clearly establishing that they were medical residents working for public institutions. … Clearly all three doctors were residents, and to them we can safely apply the general rule that medical residents are servants of the hospital. Kelly v.

DiSilva v. Polaroid Co.

1985 Mass. App. Div. 1 · Massachusetts District Court, Appellate Division · Jan 4, 1985

The plaintiff in a defamation action bears the burden of introducing sufficient evidence to establish that the qualified privilege has been abused and thus extinguished by the defendant’s malice or recklessness. … It may also be suggested that such a grant of immunity to the private employer may contribute to more diligent and comprehensive Title VII enforcement efforts.

Taydus v. Cisneros

902 F. Supp. 278 · District Court, D. Massachusetts · Jul 6, 1995

HUD advertised the six month positions at salary grade levels of five and seven. 8 By letter dated July 25, 1991, HUD rejected plaintiffs application because he lacked the necessary grade point average to qualify under the … Given the legal nature of the argument, neither party submitted affidavits outside the verified complaint to establish the factual background.

Couchon v. Cousins

District Court, D. Massachusetts · Aug 31, 2018

“A government official sued under § 1983 is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct … Finding that the first prong of the qualified immunity test is satisfied, the court now turns to the issue of whether “the violated right was clearly established at the time that the offending conduct occurred.”

Cordell v. Howard

879 F. Supp. 2d 145 · District Court, D. Massachusetts · Jul 20, 2012

In a footnote to their memorandum, the defendants argue that they are entitled to qualified immunity because Cordell has failed to allege a violation of his constitutional rights. (Def. Mem. at 13 n. 9). … Therefore, even assuming that this reference in a footnote is sufficient to raise a qualified immunity defense, the defendants have not shown that they are entitled to qualified immunity. .

Basore v. Ayvazian

25 Mass. L. Rptr. 57 · Massachusetts Superior Court · Dec 11, 2008

The Coombes court indicated clearly that the suit was not one of medical malpractice since there was lacking, as in the present case, a physician-patient relationship between the patient and defendant. … Three Sons, Inc., 353 Mass. 498, 501 (1968) (negligence of an establishment serving alcohol extended to a motorist killed in a collision with automobile driven by patron who became intoxicated at the establishment).

Corcoran v. Commonwealth

335 Mass. 29 · Massachusetts Supreme Judicial Court · Nov 27, 1956

In the ordinary case, where there is no reliance upon a statute granting immunity, a claim of privilege is clearly essential. As was said in Ross v. … Crane, 291 Mass. 28, 33 , in an opinion by Chief Justice Rugg, “The immunity is given in return for the relinquishment of a privilege, but the privilege must be asserted before there can be basis for the immunity.

Pond v. Pond

424 Mass. 894 · Massachusetts Supreme Judicial Court · May 13, 1997

The settlor’s intent in creating the trust was clearly to qualify for the marital deduction under § 2056(b)(7) of the I.R.C. … The settlor’s intent was to minimize estate tax payable by establishing a qualifying terminal interest trust. To qualify under § 2056, the trust must distribute income to the surviving spouse.

CFM Buckley/North, LLC v. Board of Assessors

453 Mass. 404 · Massachusetts Supreme Judicial Court · Mar 16, 2009

We conclude that the taxpayers failed to demonstrate “clearly and unequivocally that [they] come[] within the terms of the exemption.” Western Mass. Lifecare Corp. v. … While the taxpayers do not qualify as “charitable organizations” for purposes of G.

Whalen v. Nynex Information Resources Co.

419 Mass. 792 · Massachusetts Supreme Judicial Court · Mar 28, 1995

To establish a prima facie case of “disparate treatment” on the basis of a handicap, a plaintiff must produce some evidence that: (1) he is handicapped; (2) he is a qualified handicapped person and he applied for a position … We decided first that the plaintiff’s sex discrimination claim “[fell] squarely *795 within the language of art. 15” because it was a “suit between two persons which clearly set[] forth a controversy concerning property.”

Universal Trading & Investment Co. v. Bureau for Representing Ukrainian Interests in International & Foreign Courts

898 F. Supp. 2d 301 · District Court, D. Massachusetts · Sep 19, 2012

“A foreign sovereign will not be found to have waived its immunity unless it has clearly and unambiguously done so.” World Wide Minerals, Ltd. v. Republic of Kazakhstan, 296 F.3d 1154, 1161-62 (D.C.Cir.2002). … Here, while the 1998 Agreement established fiduciary duties owed by UTI-Co to Ukraine, it did not establish the opposite.

Commonwealth v. Tague

434 Mass. 510 · Massachusetts Supreme Judicial Court · Jul 10, 2001

Francis, 375 Mass. 211, 215-216 , cert. denied, 439 U.S. 872 (1978), because, at the time he made the statement, he believed he was immune. … Tougas testified under a grant of immunity. The attack on McLaughlin resulted in the defendant’s conviction of armed assault with intent to murder McLaughlin.

Fountain v. City of Methuen

District Court, D. Massachusetts · Sep 22, 2022

Qualified Immunity The City Council Defendants argue that they are protected by qualified immunity even if absolute legislative immunity does not apply.2 [Dkt. 26 at 8]. … qualified immunity applies.

Cobb v. City of Malden

105 F. Supp. 109 · District Court, D. Massachusetts · Apr 28, 1952

the power to elect and contract with teachers; each city and town is required to provide an amount of money sufficient for the support of the schools, and teachers employed at the discretion of the School Committee are immune … That practice was somewhat qualified with the passage of legislation entitled “An Act Providing for the Initiative and Referendum for the City of Malden.” Chap. 29 of Acts of 1950.

Gammell

86 Mass. App. Ct. 8 · Massachusetts Appeals Court · Jul 15, 2014

Within that scheme, the qualified examiners are established as independent, court-appointed experts. They are integral to nearly every step of the civil commitment process set out in G. L. c. 123A." … The statute clearly intends just the opposite: the qualified examiners are to be presented all relevant information and provide a thorough report of their analysis, which is to be presented to the jury, notwithstanding

Feeney v. Commonwealth

373 Mass. 359 · Massachusetts Supreme Judicial Court · Sep 16, 1977

It would also enervate the Legislature’s clearly articulated determination to allocate to the Attorney General complete responsibility for all the Commonwealth’s legal business. … L. c. 12, § 3, does not lead us to conclude that the Legislature intended to qualify the Attorney General’s authority as chief law officer in such a manner.