Case law

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.

Reaves v. Correctional Medical Services

20 Mass. L. Rptr. 67 · Massachusetts Superior Court · Sep 17, 2005

The defendants’ failure to employ trained, licensed, qualified rehabilitation staff, and therapists. … The case law in the Commonwealth has clearly established that a claim brought under the MERA is limited to the employment context. Judge Hillman stated in McClure v. Town of East Brookfield, 9 Mass. L.

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.

Wright v. Ruze, MD

District Court, D. Massachusetts · Feb 10, 2022

Qualified immunity protects “government officials performing discretionary functions” from “liability for civil damages insofar as their conduct does not violate ‘clearly established’ statutory or constitutional rights … the right was ‘clearly established’ at the time of the defendant’s alleged violation.”

United States v. Cruz

234 F. Supp. 3d 328 · District Court, D. Massachusetts · Feb 14, 2017

The possibility of a sentence reduction if Defendant is no longer ACCA-eligible establishes prejudice. … In sum, though Defendant is correct that not all forms of ABDW qualify as a crime of violence for purposes of an armed career criminal designation, Shepard documents offered by the government establish that Defendant was

Zaccagnini v. Morris

478 F. Supp. 1199 · District Court, D. Massachusetts · Oct 31, 1979

Davis, supra), clearly implicates Constitutional values. Id., 424 U.S. at 705-706 , 96 S.Ct. 1155 . The official action consequent to defamation, which the court did not find in Paul v. … Defendants finally argue that summary judgment should be allowed because defendants — or at least those officials who did not take an active role in the alleged conspiracy — enjoy the qualified immunity from liability described

John Doe v. Spears

District Court, D. Massachusetts · Jul 17, 2019

[Q]ualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Qualified immunity is applicable unless the official violated a constitutional right that was clearly established at the time of the alleged misconduct.

Justiniano v. Walker

District Court, D. Massachusetts · Dec 24, 2019

Third, Trooper Walker would still be entitled to qualified immunity in any event. … Qualified immunity shelters government officials from civil liability “‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Aubuchon v. Massachusetts ex rel. State Building Code Appeals Board

933 F. Supp. 90 · District Court, D. Massachusetts · Aug 9, 1996

immunity. … Inasmuch as this Court agrees that plaintiff fails to state a viable procedural and/or substantive due process claim, there is no need to reach the issue of qualified immunity. II. Legal Analysis .

Puckett v. Commissioner of Correction

28 Mass. App. Ct. 448 · Massachusetts Appeals Court · Mar 29, 1990

Regs. § 430.19 (1978). 6 It established A.A. status as an interim measure destined to be terminated “at some iden- *451 tillable point in time.” Royce v. Commissioner of Correction, supra at 429. … The defendants have waived their claim of qualified immunity under the Massachusetts Civil Rights Act, G.

DeRoche v. Massachusetts Commission Against Discrimination

447 Mass. 1 · Massachusetts Supreme Judicial Court · Jun 12, 2006

The department is a municipal electric department established by the voters of the town of Wakefield (town), pursuant to G. L. c. 164, § 34, to operate the light plant owned by the town. … L. c. 30A, § 14, where the commission had denied interest based on an error of law. 15 (d) We also have spoken clearly on the issue of the interest on front pay awards in discrimination cases. In Conway v.

Blake v. Avedikian

412 Mass. 481 · Massachusetts Supreme Judicial Court · Apr 16, 1992

Birbiglia, supra. 2 The defendants argue that the plaintiff failed to establish her proffered expert as qualified to give an opinion because no information was supplied as to the expert’s education, training, knowledge, or … Subsequent photographs taken on December 3, 1984 and January 8, 1985 clearly demonstrate the residual defects.

Weber v. Community Teamwork, Inc.

434 Mass. 761 · Massachusetts Supreme Judicial Court · Aug 13, 2001

more qualified.” … She first concluded that Weber had established a prima facie case of discrimination. That ruling is correct.

Restucci v. Clarke

669 F. Supp. 2d 150 · District Court, D. Massachusetts · Nov 16, 2009

Qualified Immunity The Prison Officials also argue that Restucci’s claim for damages is barred by the Prison Officials’ qualified immunity. … At this time, the Court expresses no opinion as to the Prison Officials’ claim of qualified immunity. III. CONCLUSION Accordingly, the Prison Officials’ motion to dismiss is ALLOWED in part and DENIED in part.

Kyle v. Commonwealth

2 Mass. L. Rptr. 241 · Massachusetts Superior Court · Jun 10, 1994

While the Act explicitly exempts intentional torts from its ambit, G.L.c. 258, § 10(c), it covers claims arising out of ordinary or gross negligence “because such a claim qualifies as a negligent or wrongful act or omission … Where, however, the conduct at issue “involves . . . the carrying out of previously established policies or plans, such acts should be governed by the established standards of tort liability applicable to private individuals

Supreme Council of Royal Arcanum v. State Tax Commission

358 Mass. 111 · Massachusetts Supreme Judicial Court · Jul 3, 1970

Superintendent of Schs. of Cambridge, 320 Mass. 516, 518 ) requisite to establish an “actual controversy” on this issue. See G. L. c. 231A, § 1. … [fraternal benefit societies] unless they are expressly designated therein . . .,” when read in context, clearly refers only to insurance laws.

Calabrese-Kelley v. Town of Braintree

District Court, D. Massachusetts · Mar 8, 2019

“Under the doctrine of qualified immunity, police officers are protected ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To defeat qualified immunity, “‘the facts alleged or shown by the plaintiff” must ‘make out a violation of a constitutional right’ and the right must have been ‘clearly established’ at the time of the defendant’s alleged

Waterman v. City of Taunton

District Court, D. Massachusetts · Jul 30, 2024

clearly established’ at the time of the defendant’s alleged violation.” … Notwithstanding the forfeiture, it is clearly established that it is unconstitutional to arrest someone because of criticism directed at an officer such that qualified immunity would not apply. Cf.

Ward v. Coletti

383 Mass. 99 · Massachusetts Supreme Judicial Court · Mar 5, 1981

This procedure of applying for immunization was available by the terms of the Resolve creating the Commission. … recommend to the general court supplementary budgets which shall be subject to the same procedure as the original budget.” 5 The Justices said, 308 Mass, at 614-615: “Indeed, the language of art. 63 of the Amendments — as clearly