Case law

United States v. Ryan

964 F. Supp. 526 · District Court, D. Massachusetts · Mar 28, 1997

Moreover, since the government has the burden of proving that Ryan has the requisite intent necessary to establish obstruction of justice, I cannot so find. 11 While it is not a perfect fit, misprision of felony is the most … In determining whether a defendant qualifies for such a departure, the court should consider, inter alia, whether the defendant “truthfully admitt[ed] the conduct comprising the offense(s) of conviction.”

Pittore v. City of Boston

1987 Mass. App. Div. 12 · Massachusetts District Court, Appellate Division · Feb 5, 1987

Cambridge, 258 Mass. 203, 204-205 (1927).The plaintiffs October 5, 1983 written notice was issued fifty-five days after injury and was thus clearly untimely under the statute. Katz v. Boston, 1979 Mass. App. … We find no merit in the plaintiffs efforts to impress upon c.84 novel public policy exceptions to the notice requirement which were clearly unintended by the Legislature.

Craney v. Attorney General

Massachusetts Supreme Judicial Court · Jun 27, 2024

Non- State actors engaging in anticompetitive conduct may also obtain State action immunity where "the challenged restraint [is] one clearly articulated and affirmatively expressed as [S]tate policy" and "the policy [ … See Seattle, 890 F.3d at 775-776. 7 We need not -- and do not -- decide whether the proposed law would, in fact, satisfy the requirements for State action immunity.

Abdul-Alázim v. Superintendent, Massachusetts Correctional Institution, Cedar Junction

56 Mass. App. Ct. 449 · Massachusetts Appeals Court · Nov 15, 2002

In light of this result, and the fact that the judge did not find the defendants were entitled to qualified immunity, we need not reach the plaintiff’s claim that he was wrongfully denied discovery with respect to the determination … whether such immunity would be conferred.

Doe1 v. Boston Public Schools

District Court, D. Massachusetts · Mar 1, 2019

Qualified Immunity Gavins argues that she is entitled to qualified immunity because her alleged conduct did not violate a clearly established statutory or constitutional right … Mangino, 873 F.3d 75, 82 (1st Cir. 2017) (“To be sure, ‘the clearly established law’ employed in a qualified immunity analysis ‘must be particularized to the facts of the case.’” (quoting White, 137 S.

Atkinson v. Town of Ashburnham

District Court, D. Massachusetts · Aug 10, 2018

Qualified immunity protects police officers “from liability for civil damages insofar as their conduct does not violate clearly establish statutory or constitutional rights of which a reasonable person would have known … Clearly Established Right “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity

Massachusetts General Hospital v. C.R.

Massachusetts Supreme Judicial Court · Apr 14, 2020

Taking the patient into police custody is clearly a worse alternative. … Her restraint here for five days clearly raises constitutional concerns.

Cooney v. Department of Mental Retardation

52 Mass. App. Ct. 378 · Massachusetts Appeals Court · Aug 27, 2001

L. c. 19C, § 1, arid upon the immunity from civil liability provided by G. … First, she claims that Campbell did not establish that she was a mandated reporter with consequent *388 immunity from liability for the reporting of abuse.

Cummington School of the Arts, Inc. v. Board of Assessors

373 Mass. 597 · Massachusetts Supreme Judicial Court · Nov 4, 1977

To qualify for the exemption, CSA had the burden of establishing not only that the purposes for which it was incorporated are charitable, but also that in actual operation it is a public charity. … The burden of proof is on CSA to establish clearly and unequivocally its right to an exemption (Boston Symphony Orchestra, Inc. v.

Suarez v. Belli

6 Mass. L. Rptr. 359 · Massachusetts Superior Court · Jan 13, 1997

A summary judgment motion would normally be necessary to determine issues of qualified immunity and the presence or absence of any evidence of a due process violation by Mahoney or Workman. … It is well established that “public officers possess absolute immunity for activities that are intimately associated with the judicial process.” Frazier v. Bailey, 957 F.2d 920 , 931 n. 12 (1st Cir. 1992).

Powers v. Mukpo

12 Mass. L. Rptr. 517 · Massachusetts Superior Court · Oct 2, 2000

Mukpo argues that because she is an apparent agent, she qualifies as an “agent" under the release terms and is shielded from liability. … State licensing requirements for instructors in effect in 1996 clearly contemplated protecting the public.

Curran v. Coddington

District Court, D. Massachusetts · Feb 15, 2023

He asserts that (1) as the hearing officer designated by the Board, he is entitled to quasi-judicial immunity, (2) as the Executive Director of MHA, he is entitled to qualified immunity, (3) the complaint fails to … Plaintiff has not alleged a “clearly established” violation of her constitutional rights by Defendant, nor that a “reasonable officer’ in Defendant's position would have known that his actions violated Plaintiff's rights

Justiniano v. Walker

District Court, D. Massachusetts · Sep 30, 2018

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which … Here, assuming arguendo that Trooper Walker used unreasonable force and that the right to be free from such force was clearly established at the time, the relevant inquiry for qualified immunity

Nelson v. Community Newspaper Co.

12 Mass. L. Rptr. 177 · Massachusetts Superior Court · Jul 21, 2000

Such press conferences qualify as official actions. Indeed, the Jones case noted that reports of statements made at a police department press conference would qualify for the fair report privilege. 400 Mass, at 797. … Rather, it states clearly that the police suspicions as to guns and drugs at her home turned out to be erroneous.

Brown v. Sweeney

526 F. Supp. 2d 126 · District Court, D. Massachusetts · Nov 1, 2007

Though qualified immunity will certainly be argued in this case, this Court must first evaluate whether Brown adequately has alleged the deprivation of an actual constitutional right at all. Wilson v. … Where a plaintiff has failed to do so, a court need not determine the qualified immunity issue. See id. 5 .

United States Ex Rel. LaValley v. First National Bank of Boston

707 F. Supp. 1351 · District Court, D. Massachusetts · Aug 23, 1988

The portion of Amendment 2701 establishing the jurisdictional bar was ultimately enacted into law, with one minor amendment. … The court stated, As we have established in New England Power, ...

Mendez v. M.S. Walker, Inc.

26 Mass. App. Ct. 431 · Massachusetts Appeals Court · Oct 4, 1988

Abuse of the *433 privilege, they were instructed, could consist of deliberate falsehoods or rash or reckless statements. “ [T]he law does not protect one or give a qualified immunity if a defendant does not have reasonable … Here, clearly, it did hot. Recklessness can also be shown by a failure to verify in *434 circumstances where verification is practical and the matter is sufficiently weighty to call for safeguards against error.

GIARDI v. Dunning

563 F. Supp. 2d 305 · District Court, D. Massachusetts · May 19, 2008

The first paragraph of § 85K eliminates the defense of charitable immunity, while at the same time limiting recoverable damages to twenty thousand dollars. Mass. Gen. … The second paragraph, as amended in 1987, establishes a complete liability defense for a “person” acting as volunteer director, officer or trustee of an educational institution for actions done in “good faith and within the

Wisher v. Coverdell

782 F. Supp. 703 · District Court, D. Massachusetts · Jan 27, 1992

The program was established by the United Nations General Assembly in December 1970, maintains its headquarters in Geneva, and is administered by the United Nations Development Program (“UNDP”). … A waiver of the government’s sovereign immunity must be unequivocally expressed and not impliéd. See Library of Congress v. Shaw, 478 U.S. 310 , 106 S.Ct. 2957 , 92 L.Ed.2d 250 (1986).

Abbott GmbH & Co. v. Centocor Ortho Biotech, Inc.

870 F. Supp. 2d 206 · District Court, D. Massachusetts · May 4, 2012

Because "{a] person must contribute to the conception of the claimed invention to qualify as a joint inventor," Vanderbilt Univ. v. … Centocor’s Motion for Summary Judgment No. 5, that the Joe antibodies qualify as prior art, is DENIED; 8.