Case law

Daniele v. City of Springfield

973 F. Supp. 222 · District Court, D. Massachusetts · Aug 1, 1997

Second, even where a violation occurs, individual government officials may sometimes enjoy qualified immunity under 1983. … Officials will not be held liable for discretionary actions unless their conduct violates clearly established statutory or constitutional rights of which a reasonable official would have been aware. Harlow v.

Nasir v. Town of Foxborough

District Court, D. Massachusetts · Mar 3, 2020

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Qualified immunity protects those that do “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Conlogue v.

Opinion of the Justices to the House of Representatives

122 Mass. 594 · Massachusetts Supreme Judicial Court · Mar 7, 1877

voters for senators or representatives, and could not be qualified to hold either of those offices. … institute government; and to reform, alter or totally change the same, when their protection, safety, prosperity and happiness require it.” “ All the inhabitants of this Commonwealth, having such qualifications as they shall establish

Wheeler v. Pioneer Developmental Services, Inc.

349 F. Supp. 2d 158 · District Court, D. Massachusetts · Dec 8, 2004

Having established this threshold requirement, the employee may continue to qualify for benefits due to incapacity if she either remains unable to work because of her illness, or receives subsequent treatment. … Viewed in the light most favorable to Pioneer, the facts clearly establish that on that day, Wheeler handed Taylor, her supervisor, a note from Dr. Siersma, which requested that Wheeler receive “LOA x 4.”

Pasquale v. Reading Municipal Light Department

18 Mass. L. Rptr. 370 · Massachusetts Superior Court · Sep 27, 2004

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege facts which would establish the existence of a genuine issue of material fact in order to defeat [the … In addition, headaches or nausea could qualify if they lasted for a substantial period of time. Id.

Manning v. City of Lowell

173 Mass. 100 · Massachusetts Supreme Judicial Court · Mar 4, 1899

The witness may have been qualified to testify as to the value of lands in Chelmsford, and yet not qualified to testify as to the value of lands in Lowell. … This evidence was clearly competent as an admission made by the petitioner. Patch v. Boston, 146 Mass. 52 . 4.

Commonwealth v. Libbey

216 Mass. 356 · Massachusetts Supreme Judicial Court · Jan 9, 1914

S. 549 , *358 567: "Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community.” … But the State, in the exercise of the police power, may legislate for the public health, the public safety and the public morals, and in a certain qualified sense for the public welfare, and thus restrict the freedom of the

SETH WATSON v. CAROL MICI & Others.

Massachusetts Appeals Court · May 17, 2024

The defendants assert that they have qualified immunity. … would understand that his conduct violated those clearly established rights" (footnote omitted).

Yerrick v. Kelley

4 Mass. L. Rptr. 599 · Massachusetts Superior Court · Dec 15, 1995

sheltering effect of charitable immunity. … Churches and clergymen are, however, not entirely immune from judicial scrutiny.

Bowe v. Secretary of Commonwealth

320 Mass. 230 · Massachusetts Supreme Judicial Court · Sep 20, 1946

voters, whether the name signed was that of a qualified voter. … names of qualified voters.

Lavery v. Marsh

727 F. Supp. 728 · District Court, D. Massachusetts · Dec 28, 1989

Plaintiff, who was 59-years-old at the time, applied for the position, but in November 1984, MTL instead selected a 38-year-old who, plaintiff asserts, was less qualified. … Indeed, in cases where Congress has waived sovereign immunity, as it has done in § 633a, the courts must narrowly construe that waiver: [T]he United States, a sovereign, is immune from suits save as it consents to be sued

United States v. McGee

798 F. Supp. 53 · District Court, D. Massachusetts · Jun 26, 1992

The two other circuits that have considered this issue have declined to go as far as Hinton in establishing a rule of per se dismissal when an indictment is obtained from a grand jury which heard immunized testimony. … This Court is persuaded that the Hinton per se rule is ■ applicable to the circumstances here presented and rules that a defendant who is compelled to give testimony is entitled to that which the immunity statute so clearly

Hamani v. Commonwealth of Executive Office of Public Safety & Security

32 Mass. L. Rptr. 416 · Massachusetts Superior Court · Dec 11, 2014

“Although the Act has abrogated the Commonwealth’s immunity in tort actions in most circumstances, the Legislature, ‘for reasons of public policy, chose to preserve sovereign immunity for certain claims, irrespective of their … In addition, the legislature has established similar two-tier damages regimes in other statutes.

Greene v. Suffolk County Sheriff Department

District Court, D. Massachusetts · Jun 15, 2018

established and qualified immunity therefore protected them from suit. … “An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was ‘clearly established’

Vanderburgh House LLC v. City of Worcester

District Court, D. Massachusetts · Mar 30, 2021

“[T]he qualified immunity inquiry is a two-part test. … “[T]he second, ‘clearly established’ step of the qualified immunity . . .

Cignetti v. Healy

967 F. Supp. 10 · District Court, D. Massachusetts · May 22, 1997

Immunity The common law provides absolute immunity to a witness against any claim arising from his testimony. Absolute immunity applies also to the acts of a prosecutor committed in his prosecutorial capacity. … However, “the right of a public employee to engage in speech on matters of public concern without fear of retaliation by his employer is clearly established.” Broderick, 751 F.Supp. at 292 .

Deluca v. Merner

District Court, D. Massachusetts · Jun 14, 2018

In other words, qualified immunity does not apply if the facts alleged by the plaintiff make out a violation of a constitutional right and that constitutional right was clearly established at the time of the incident. … was not clearly established at the time.

Nollet v. Justices of the Trial Court of Massachusetts

83 F. Supp. 2d 204 · District Court, D. Massachusetts · Jan 27, 2000

. § 1983 , a plaintiff must show: (1) that the conduct complained of was committed by a person acting under color of state law; and (2) that the conduct deprived the plaintiff of clearly established rights, privileges or … established rights, privileges or immunities guaranteed by the federal Constitution or laws of the United States.

Weichel v. Town of Braintree

District Court, D. Massachusetts · May 14, 2021

As the court has determined that the law clearly established that the conduct underlying Weichel’s malicious prosecution was prohibited, Whelan is not entitled to qualified immunity based on Weichel’s allegations. … As a result, it was not clearly established in 1980 that Whelan had a duty to intervene, and he is therefore entitled to qualified immunity as to that claim. 2.

Western Massachusetts Lifecare Corp. v. Board of Assessors

434 Mass. 96 · Massachusetts Supreme Judicial Court · May 11, 2001

L. c. 59, § 5, Third, and that Western has not carried its burden of establishing overvaluation. We therefore affirm the board’s decision. 1. Facts. … The burden of establishing entitlement to the charitable exemption lies with the taxpayer. New England Legal Found. v. Boston, 423 Mass. 602, 609 (1996).