Case law

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.

Williamson v. Bernstein

5 Mass. L. Rptr. 94 · Massachusetts Superior Court · Feb 20, 1996

Bernstein never informed plaintiff that he was not qualified to provide therapy or that the therapy sessions were beyond the scope of his teaching responsibilities. … Mullins did not establish a special relationship or a fiduciary relationship between colleges and students. To be sure, proof at trial may be difficult.

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.

Opinion of the Justices to the Senate

393 Mass. 1201 · Massachusetts Supreme Judicial Court · Oct 4, 1984

We first examine the bill under the privileges and immunities clause (art. 4, § 2, cl. 1) of the United States Constitution: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the … Nevertheless, we have also been guided by the underlying purpose of the privileges and immunities clause.

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

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.

Jewett v. Steer

60 Mass. 99 · Massachusetts Supreme Judicial Court · Oct 15, 1850

It is maintained, however, that as the last clause describes the premises granted as having been owned and occupied by Tufts, and as he did not own and occupy the Williams lot, that lot must, upon the established rales of … The whole description must be taken together; the first clause clearly and distinctly describes the premises granted as all the farm and outlands then occupied by Wheaton; thus clearly and unquestionably including the Williams

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.

Darian v. University of Massachusetts Boston

980 F. Supp. 77 · District Court, D. Massachusetts · Sep 16, 1997

The NVNA also provided immunization clinics, health fairs, and flu climes. … During the period Christian was unable to see patients, she organized an immunization outreach program, ran an immunization clinic, distributed leaflets and flyers, and reviewed and analyzed patient charts. 6 .

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.

Commonwealth v. Adrey

376 Mass. 747 · Massachusetts Supreme Judicial Court · Dec 4, 1978

The evidence against the defendant consisted primarily in the testimony of Roy Weisenborn and Robert Burns, each of whom was granted immunity in exchange for testifying. … Leach, 160 Mass. 542, 551 (1894), where we first clearly stated the principle.

Madison v. Cruz

District Court, D. Massachusetts · Feb 13, 2019

The First Circuit has adopted a two-part test to assess qualified immunity. … I find that had Defendant McDonald been aware that Plaintiff was outed as an informant and previously assaulted but declined to act to ensure Plaintiff’s safety, it would qualify as a violation of Plaintiff’s clearly established

Lucien-Calixte v. David

District Court, D. Massachusetts · Sep 16, 2019

Qualified Immunity In the absence of absolute immunity, qualified immunity protects Officer David from Lucien-Calixte’s § 1983 suit unless 1) he violated … The remaining two disqualifying elements of the qualified immunity analysis are easily met.

Bruneau v. United States

150 F. Supp. 2d 303 · District Court, D. Massachusetts · Jul 3, 2001

However, a detailed navigation of the exceptions to sovereign immunity is unnecessary here. This controversy concerns only the extent of an explicit Congressional waiver of immunity. … The Court of Appeals held that this regulation “clearly directs the Air Force and other military departments to exercise discretion .... ” Id. (internal quotations omitted), citing Totten v.

Electronics Corp. of America v. City Council of Cambridge

348 Mass. 563 · Massachusetts Supreme Judicial Court · Feb 25, 1965

L. c. 121, § 26YY (as appearing in St. 1955, c. 654, § 4); A redevelopment authority “shall have the same functions, rights, powers, privileges and immunities” as a housing authority. G. … Such a study is clearly within its jurisdiction. *568 As was said in St. Luke’s Hosp. v.

Spookyworld, Inc. v. Town of Berlin (In Re Spookyworld, Inc.)

266 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Aug 2, 2001

And next, “the court must proceed to ‘determine whether that right was clearly established at the time of the alleged violation’ ”. See Abreu-Guzman v. Ford, 241 F.3d 69 (1st Cir.2001)(quoting Wilson v. … The Individual Defendants argue that they enjoy a qualified immunity. However, under the facts here, the Court need not reach that issue. 9 . The Court dismisses this argument out of hand.

Lesley v. Chie

81 F. Supp. 2d 217 · District Court, D. Massachusetts · Jan 7, 2000

HIV and Pregnancy HIV, a virus which causes Acquired Immune Deficiency Syndrome (“AIDS”), may be transmitted from an infected mother to an infant during pregnancy or childbirth. … Several Circuit Courts of Appeals have held that a person is not “otherwise qualified,” and therefore cannot establish a pri-ma facie case, if her handicap is related to the medical treatment she seeks so that, absent her

Maddocks v. Ricker

403 Mass. 592 · Massachusetts Supreme Judicial Court · Dec 15, 1988

(“[W]e conclude that orders disqualifying counsel in civil cases, as a class, are not suffficently separable from the merits to qualify for interlocutory appeal”). … The plaintiffs’ challenge to the allowance of Gove’s motion for judgment is clearly an attempted appeal of an unreviewable, interlocutory order that concerns an aspect of the underlying dispute.

Howell v. THE ENTERPRISE PUBLISHING COMPANY, LLC.

455 Mass. 641 · Massachusetts Supreme Judicial Court · Jan 7, 2010

The Enterprise published articles on August 25, September 17, and September 19 that included mentions of Howell’s case, and because they touch on official proceedings, we have established that these articles can qualify for … Sack, Defamation § 7.3.2.2.1, at 7-17 (3d ed. 2009) (describing privilege as qualified but generally stronger than other qualified privileges).

Coughlin v. Department of Correction

43 Mass. App. Ct. 809 · Massachusetts Appeals Court · Nov 14, 1997

He took the position that these decisions “clearly involve policymaking, a function which has largely been delegated to the executive branch.” “In Harry Stoller & Co. v. … If the allegedly tortious action was prescribed by statute or regulation, or established agency practice, then the governmental actor had no discretion to exercise, and § 10(6) immunity would not apply. Ibid.