Case law

Van Houtum v. Campos

11 Mass. L. Rptr. 513 · Massachusetts Superior Court · May 5, 2000

In such a situation, the Trust Fund cannot be said to have clearly waived its sovereign immunity. B. … This long-standing, judicially constructed principle of statutory construction requires a “clearly manifested legislative intent when immunity is to be waived.” ELM, supra at 78 .

Commonwealth v. Bin

480 Mass. 665 · Massachusetts Supreme Judicial Court · Oct 9, 2018

He argues that a "[company] representative or other qualified individual needed to explain those records to the jury. The person used by the Commonwealth . . . was not so qualified. … The judge concluded that the trooper was qualified as an expert in the area of CSLI.

Broner v. Flynn

311 F. Supp. 2d 227 · District Court, D. Massachusetts · Mar 31, 2004

In the Answer to the original and Second Amended Complaints, Sheriff Flynn indicated that he is an employee of the Commonwealth and thus, entitled to “qualified immunity” with respect to claims against him in his official … The inadvertent reference to “qualified” as opposed to “sovereign” immunity in Sheriff Flynn’s pleadings did not result in any unfair surprise or prejudice to Mr. Broner.

Dinsky v. Town of Framingham

386 Mass. 801 · Massachusetts Supreme Judicial Court · Jul 20, 1982

In addressing this issue, we start with the basic principle that the abrogation of the doctrine of governmental immunity by the Act simply removed the defense of immunity in certain tort actions against the Commonwealth, … The court considered the fact that statutory provisions removing the defense of governmental immunity had been enacted but found that the provisions merely removed the defense of immunity without creating any new liability

Smith v. City of Boston

District Court, D. Massachusetts · Aug 24, 2021

Qualified Immunity Lamb and Becker argue that even if Plaintiff had established a violation of a constitutional right, Plaintiff cannot establish the right was clearly established … The doctrine of 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

Powell v. City of Pittsfield

143 F. Supp. 2d 94 · District Court, D. Massachusetts · Apr 23, 2001

Pittsfield, too, has a perfunctory qualified immunity argument. (See Pitts- *129 field’s Brief at 4-5.) Reilly’s qualified immunity argument is described in somewhat greater depth. … Assuming Alexander’s and Pittsfield’s passing qualified immunity arguments have not been waived, cf. Airport Impact Relief, Inc. v.

Bock v. Sloane

District Court, D. Massachusetts · Jun 1, 2023

, 2) Bock has failed to state a plausible claim for an antitrust violation and 3) his claim is barred by qualified immunity and/or state-action immunity. 1. … rights and 2) whether the subject right was clearly established at the time of the alleged violation.

Beckett v. Jewish Cemetery Ass'n of Massachusetts, Inc.

23 Mass. L. Rptr. 520 · Massachusetts Superior Court · Feb 6, 2008

Accordingly, defendants must first establish that Beckett’s claims are based solely on JCAM’s Land Court suit. … This argument lacks merit because, as Gold himself points out in his motion, to qualify for immunity under G.L.c. 114, §1A, an individual must act in good faith.

Commonwealth v. Foxworth

473 Mass. 149 · Massachusetts Supreme Judicial Court · Nov 12, 2015

Where the  8 ultimate conclusion is clearly evident from the record, the failure to make written findings is not fatal. See Commonwealth v. … Instruction on immunized witness. Campbell testified pursuant to a grant of immunity. The judge instructed the jury that the defendant could not be convicted solely on the testimony of an immunized witness.

Commonwealth of Massachusetts v. Elm Medical Laboratories Inc.

2 Mass. Supp. 626 · Massachusetts Superior Court · Aug 11, 1981

Although Elm couches its allegations in terms of negligent gathering and processing of data, clearly the publication caused the harm. … immunity absent a clearly expressed intention to do so from Congress.

AlphaVax, Inc. v. Novartis Vaccines & Diagnostics, Inc.

719 F. Supp. 2d 156 · District Court, D. Massachusetts · Jun 29, 2010

The host’s immune system hopefully then generates an immune response to the expressed heterologous protein (sometimes called a transgene). … Moreover, that declaration even gives an example of a well-qualified assay that can be used for the detection of the alphavirus replication. Id. ¶ 11.

Alicea v. Citifinancial Services, Inc.

210 F. Supp. 2d 4 · District Court, D. Massachusetts · Jul 22, 2002

The loan obtained by Alicea was a new lending product' offered by the defendant called a Track Reduction Adjustable Mortgage (“TRAM”), a sub-prime mortgage program offering lower rates to mortgagors once they establish a … Ultimately, the court held that the safe harbor provision of section 1605(f)(1)(B) did not immunize the creditor from liability. Id.

Stagl v. City of Cambridge

2 Mass. L. Rptr. 300 · Massachusetts Superior Court · Jun 21, 1994

“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 … [provides] immunity only for discretionary conduct that involves policy making or planning.” Id.

Arriaga v. Members of the Board of Regents

825 F. Supp. 1 · District Court, D. Massachusetts · Mar 23, 1992

GENERAL LAWS; CHAPTER 653, AN ACT ESTABLISH *4 ING THE BUDGET CONTROL AND REFORM ACT OF 1989 WAS SIGNED INTO LAW. … Thus, defendants’ present willingness not to rely on Section 176 of the Budget Control Act in defending this suit does - not qualify the conclusion that plaintiffs have properly alleged a Contracts Clause claim. IV.

Penate v. Kaczmarek

District Court, D. Massachusetts · Feb 10, 2022

Clerk’s Office, 604 F.3d 257, 269-270 (6th Cir. 2010) (declining to address qualified immunity on appeal where the district court sua sponte held that the defendant was entitled to qualified immunity, because the defendant … Morgan, 922 F.2d 1553, 1557-58 (11th Cir. 1991) (noting that, where the defendant officials waived the affirmative defense of qualified immunity, “the magistrate judge improperly injected the issue of qualified immunity

Elliot v. Volpe

328 F. Supp. 831 · District Court, D. Massachusetts · Apr 16, 1971

The question of waiver of governmental immunity is, as plaintiffs assert, one of federal and not state law. But the “conclusion that there has been a waiver of immunity will not be lightly inferred”. Petty v. … PPM 20-8 clearly recognizes the importance and role of design approval. It treats it as a separate stage in the development of the highway project. Mr.

Jordan v. Carter

494 F. Supp. 2d 72 · District Court, D. Massachusetts · Jul 6, 2007

The depth of the court’s inquiry depends on how clearly the content of the speech relates to a matter of concern to the public. … Finally, the court denied Chief Carter's claim of qualified immunity as premature. On February 1, 2005, Carter filed an interlocutory appeal of the denial of qualified immunity.

Torres v. Dubois

6 Mass. L. Rptr. 386 · Massachusetts Superior Court · Feb 15, 1997

The defendants are therefore entitled to qualified immunity . . .”) (Emphasis added). … Plaintiffs have not argued that other rights at issue were clearly established.

Santana v. Registrars of Voters of Worcester

384 Mass. 487 · Massachusetts Supreme Judicial Court · Sep 1, 1981

“The object of election laws is to secure the rights of duly qualified electors, and not to defeat them.’ … Clearly our conclusion that the plaintiffs in this case have stated a claim sufficient to withstand a motion to dismiss disposes of the judge’s holding that the complaint presented no “actual controversy.”

Johnson v. Cooke

17 Mass. L. Rptr. 541 · Massachusetts Superior Court · Mar 1, 2004

Lawrence contend that they qualify as “public employees” on the following grounds: (1) Mr. … Shufflebarger does clearly indicate that Dr. Lawrence was present in the operating room, though not to participate as a surgeon in the procedure. When asked why Dr. Lawrence’s name was listed, Dr.