Case law

Morin v. MGH Institute of Health Professions

15 Mass. L. Rptr. 417 · Massachusetts Superior Court · Nov 1, 2002

In order to qualify for First Amendment protection under the free exercise clause, plaintiff must first show that the activity complained of is motivated and rooted in a legitimate and sincerely held religious belief. … The lack of information about her religion, established or not, calls into question if this belief is truly religious or secular. The opposition to vaccines is not a religious issue per se.

Carlson v. Mayer

30 Mass. L. Rptr. 3 · Massachusetts Superior Court · Apr 6, 2012

Introduction Under the established standard, summary judgment will be granted where, viewing the evidence in the light most favorable to the non-moving party, all material facts have been established, and the moving party … Conversely, absolute immunity fails to attach when such persons perform acts that are clearly outside the scope of their jurisdiction. Cok v. Cosentino, 876 F.2d 1, 3 (1st Cir. 1989).

Horizon Bank and Trust Co. v. Flaherty

309 F. Supp. 2d 178 · District Court, D. Massachusetts · Feb 5, 2004

This is clearly a case where incomplete relief is better-than no relief at all. … ), and the amount of the lien are established.

Schell v. Birnbaum

3 Mass. L. Rptr. 91 · Massachusetts Superior Court · Nov 28, 1994

Clearly, by the time Langan Grossman entered the case, the statute of limitations had run. … [G.L.c. 229] established procedures for the recovery of damages the substantive right to which is anchored in the common law. Id. at 71 .. .

Doe ex rel. Doe v. Nashoba Regional School District

20 Mass. L. Rptr. 131 · Massachusetts Superior Court · Oct 12, 2005

Public school authorities clearly have discretion in making decisions about whether to promote or keep behind the students in their schools. … If a plaintiff alleges harm resulting from the adoption of such a policy, the conduct of any of the municipal employees or officials involved in establishing the policy would be immune from liability under section 10(b).

Brookwood Court Nursing Home v. Spirito (In Re Bolton Hall Nursing Home, Inc.)

31 B.R. 765 · United States Bankruptcy Court, D. Massachusetts · Jun 28, 1983

Fisher, Jr., are the duly appointed, qualified, and surviving trustees/receivers (“Trustees”) of plaintiff Bolton Hall Nursing Home, Inc., (“Debtor”), debtor in a proceeding pending before the Court under Chapter XII of the … Although the defendant has not waived his claim of immunity under the Eleventh Amendment, there is no longer an occasion to consider it.

Heinrich v. Sweet

44 F. Supp. 2d 408 · District Court, D. Massachusetts · Apr 20, 1999

Just as courts may establish the contours *415 of subject matter jurisdiction by discerning whether Congress has clearly and unequivocally waived sovereign immunity in a given statute, so too may courts determine whether … Congress has clearly limited that waiver to claims filed within a certain period.

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

Pinshaw v. Metropolitan District Commission

402 Mass. 687 · Massachusetts Supreme Judicial Court · Jun 30, 1988

Monk’s conduct clearly was of the kind he was hired to perform. See note 3, supra. The issue is Monk’s motivation. … The immunity standard in Gildea v. Ellershaw, 363 Mass. 800 (1973), cited by the dissent, is not clearly relevant to the Federal jury verdict.

Manter v. Abdelhad

32 Mass. L. Rptr. 709 · Massachusetts Superior Court · Nov 7, 2014

This rule cannot rationally be construed to mean that all otherwise immunized volunteers forfeit their immunity, and are fully susceptible to suit, any time that noneconomic losses are claimed. … The Church could, of course, qualify as a covered nonprofit organization without being a tax-exempt entity under Section 501(c)(3) of the Internal Revenue Code.

Opinion of the Justices to the Senate

419 Mass. 1201 · Massachusetts Supreme Judicial Court · Dec 28, 1994

The SSI program encourages States to supplement the federally-established minimum benefits levels to qualified SSI beneficiaries by entering into agreements with the Secretary. 3 General Laws c. 118A, § 3, provides that the … The disapproval of such orders is permitted because otherwise the Legislature could, by placing general laws within appropriation bills, immunize them from veto. Opinion of the Justices, 384 Mass. at 826.

Sheffield v. City of Boston

District Court, D. Massachusetts · Feb 22, 2019

Qualified Immunity Resil asserts that he is entitled to qualified immunity, which plaintiff opposes. … Qualified Immunity Pieroway contends that he is entitled to qualified immunity.

Mahoney v. Bors-Koefoed

11 Mass. L. Rptr. 608 · Massachusetts Superior Court · May 24, 2000

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat … Bors-Koefoed clearly had a great deal of discretion over the treatment of his patients, including Nicholas. The record indicates that Dr.

Natal v. City of New Bedford

13 Mass. L. Rptr. 453 · Massachusetts Superior Court · Aug 6, 2001

Town of Chapel Hill, 161 F.3d 782, 789 (4th Cir. 1998) (concluding that where police officers were entitled to qualified immunity with respect to alleged Fourth Amendment violations because their use of force was objectively … The Plan 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.

Lafayette Place Associates v. Boston Redevelopment Authority

427 Mass. 509 · Massachusetts Supreme Judicial Court · May 20, 1998

But of course this difference is merely the result of the assignment of functions to a redevelopment authority in communities that choose to establish one. … 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.”

Pixley v. Commonwealth

453 Mass. 827 · Massachusetts Supreme Judicial Court · May 19, 2009

Duval, 124 F.3d 1, 9 (1st Cir. 1997) (suggesting that judicial immunity might be warranted in circumstances where prosecution attempted to intimidate potential witness or deliberately withheld immunity to hide exculpatory … We have held that when the prosecution obtains statutory immunity for a witness, art. 12 requires that the immunity be transactional immunity, granting immunity from prosecution for any offense “to which compelled testimony

Lyman v. Weld

6 Mass. L. Rptr. 59 · Massachusetts Superior Court · Sep 12, 1996

established” constitutional right, and qualified immunity applies. … The Supreme Judicial Court has adopted the Harlow standard as the rule applicable to state officials’ assertions of qualified immunity under the Massachusetts Civil Rights Act, G.L.c. 12, §§11H-1II. Duarte v.

Rubin v. Islamic Republic of Iran

810 F. Supp. 2d 402 · District Court, D. Massachusetts · Sep 15, 2011

I have previously ruled that the antiquities at issue here are immune from execution and attachment under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1609 , 1610, but that the plaintiffs might nevertheless … Moreover, the 1930 Law clearly contemplates that antiquities may *405 be owned by private persons. (See Aff. of Katirai Ex. X Articles 3, 5, 7 (dkt. no. 156-4).).

Willhauck v. Town of Mansfield

164 F. Supp. 2d 127 · District Court, D. Massachusetts · Sep 5, 2001

The First Circuit has yet to establish a firm rule. … Even if the placement decision were not protected by § 10(&), it is too remote from Bryan’s injury to qualify as “originally causing]” the harmful situation resulting in Bryan’s injuries.

Doe v. University of Massachusetts

District Court, D. Massachusetts · Apr 9, 2024

particular conduct is clearly established.” … Failure of the plaintiff to establish both prongs results in qualified immunity.