Massachusetts Immunity Law

Commonwealth v. Dean Tran

Boston, Massachusetts, criminal defense lawyer represented the Defendant charged with using his offical position to secure unwarranted privileges 2drawing on public resources, including members of hisSenate staff,for his reelectioncampaigns. The defendant, who served as a State senator from 2017 until 2020, was indicted ontwo counts of using hisofficial position to secure unwarranted pri... More...

$0 (09-10-2025 - MA)

Ian Miller v. Spencer Jackson and Sean Roycroft

Boston, Massachusetts, personal injury lawyers represented the Plaintiff on a civil rights wrongful death excessive force case. Robert Miller died during a run-in with Barnstable police officers Sean Roycroft and Spencer Jackson at his Cape Cod home in 2019. He was 63. A big question is how this happened. The parties (whose names appear in our caption) give differing ... More...

$0 (09-11-2025 - MA)

John Doe v. Roman Catholic Bishop of Springfield

Springfield, Massachusetts personal injury lawyer represented Plaintiff, who sued Defendant on a corporate negligence theory. The plaintiff brought suit against the Roman Catholic Bishop of Springfield, a corporation sole (Roman Catholic Bishop of Springfield), and church officials for the sexual abuse by church leadership that he allegedly endured as a child in the 1960s and for the... More...

$0 (07-28-2022 - MA)

Union of Concerned Scientists v. Environmental Protection Agency

<center><h3><h2> Boston, MA - Federal Advisory Committee Act lawyer represented Plaintiffs, Appellants with arguing that a directive issued by the EPA that prohibits EPA grant recipients -- who are mostly employed by universities and other nonprofit institutions -- from sitting on the EPA's twenty-two scientific advisory committees. </h3></center>... More...

$0 (01-22-2022 - MA)

United States of America v. INYEMAR MANUEL SUAZO

<center><h2><center> Boston, MA - Criminal defense lawyer represented defendant with a motion to dismiss his federal New Hampshire prosecution on double jeopardy grounds. He was charged with conspiracy to distribute, and to possess with intent to distribute, 400 grams or more of fentanyl and cocaine </h2></center> On March 2, 2018, Suazo, along with Julio... More...

$0 (10-14-2021 - MA)

AQUINNAH/GAY HEAD COMMUNITY ASSOCIATION, INC.; TOWN OF AQUINNAH v. COMMONWEALTH OF MASSACHUSETTS v. THE WAMPANOAG TRIBE OF GAY HEAD (AQUINNAH); THE AQUINNAH WAMPANOAG GAMING CORPORATION; THE WAMPANOAG TRIBAL COUNCIL OF GAY HEAD, INC.

<center><h2><center>Boston, MA - Indian Gaming lawyer represented defendant with seeking to halt the development of a gaming facility claim.</h2></center> We laid out much of the background to the present dispute more fully in Wampanoag I, but we recap the pertinent parts here and supplement them as necessary. A. Setting the Stage: the ... More...

$0 (08-17-2021 - MA)

Christopher Drennen v. Fresenius Medical Care Holdings, Inc.,

<center> <img width="300" src="https://www.justice.gov/sites/default/files/styles/slideshow/public/slideshows/slides/moakley_federal_courthouse.jpg?itok=In13o9q9"> </center> Boston, MA - George, Kriss Basil, Steven Sharobem, Jessica Weber, and Christine Wichers Fresenius Medical Care Holdings, Inc., d/b/a Fresenius Medical Care North America, Inc., the largest operator of... More...

$5200000 (10-09-2019 - MA)

Scott Breiding v. Eversource Energy

<center> <img width="300" src="https://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> </center> Eversource Energy and Avangrid, Inc. ("the defendants") are two large energy companies that purchase natural gas directly from producers and then resell that gas to retail natural gas consumers throughout New England. In order to transport the natural gas that the... More...

$0 (09-23-2019 - MA)

Valentine Underwood v. Patrick Barrett

<center> <img width="300" src="https://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> </center> When plaintiff refused to exit a prison recreation cage to be brought to a new cell, prison officials used oleoresin capsicum ("pepper spray"), physical force, and handcuffs to secure his compliance with the officials' orders. Plaintiff subsequently brought this l... More...

$0 (05-21-2019 - MA)

Abinel Zemon v. Associate Justice Guzman

<center> <img width="300" src="https://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> </center> This federal case is brought by an aggrieved litigant who asks us to step in and change the way some things turned out for him in state court in Massachusetts. Specifically, appellant Abinel Zenon sought a declaratory judgment labelling as unconstitutional a prote... More...

$0 (05-15-2019 - MA)

Mark Thomas v. Cornelius J. Harrington, a/k/a Neil Harrington </2>

<center> <img width="200" src=" http://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg "> </center> This appeal arises out of an alleged conspiracy to terminate plaintiff-appellant Mark Thomas from his position as an officer at the Salisbury Police Department ("SPD"). In 2010, Cornelius Harrington, the Salisbury town manager, hired Robert St. Pierre to investig... More...

$0 (12-02-2018 - MA)

Jenna Zingg v. Thomas Groblewski

In 2015, Jenna Zingg ("Zingg"), a pretrial detainee at the Massachusetts Correctional Institute- Framingham ("MCI-Framingham"), sued Dr. Thomas Groblewski ("Groblewski") and the Massachusetts Partnership for Correctional Healthcare ("MPCH") in the United States District Court for the District of Massachusetts. She brought a Massachusetts state law claim for common law negli... More...

$0 (11-01-2018 - MA)

Eric Blattman v. Thomas Scaramellino

This appeal arises out of a civil action brought in federal court in Delaware concerning a corporate merger between Efficiency 2.0 LLC ("E2.0") and C3, Inc. (the "Delaware Action"). See Eric Blattman v. Thomas Seibel, C.A. No. 15-cv-00530-GMS (D.Del). As part of the Delaware Action, Eric Blattman ("Blattman"), attempted to depose Thomas Scaramellino ("Scaramellino"), the fo... More...

$0 (05-31-2018 - MA)

Peter Hiam v. Homeaway.com, Inc.

Duped into parting with thousands of dollars to reserve a vacation rental property in Belize that apparently did not exist, plaintiff Peter Hiam sued the owner of the website on which he found the ersatz tropical villa, claiming that the website's guarantee misled him. The district court granted summary judgment to the website's owner, HomeAway.com, Inc. ("HomeAway"). On ap... More...

$0 (04-21-2018 - MA)

United States of America v. Pedro Lopez-Cotto

Appellant Pedro Jose Lopez-Cotto ("Lopez"), a police officer in the City of Lawrence, Massachusetts, was indicted on charges of participating in a bribery scheme whereby he referred large numbers of vehicle towing requests to M & W Towing in exchange for a stream of benefits that included discounts on the purchase of abandoned cars and equipment. After a jury trial, Lopez w... More...

$0 (02-27-2017 - MA)

Roland G. Hill and Mary R. Hill v. Edward Walsh

In this opinion, we bring our circuit law into conformity with the Supreme Court's precedent on the emergency aid exception to the Fourth Amendment requirement that a warrant be obtained before police entry into homes. We explain below. On March 3, 2015, Matthew Hill, age 28, overdosed and was taken to Morton Hospital in Taunton, Massachusetts. The next day, several Tau... More...

$0 (02-27-2018 - MA)

Jered Sasen v. Richard V. Spencer

This case, which pits a retired petty officer against the United States Navy, is awash with novel legal questions concerning the application and operation of Article 31 of the Uniform Code of Military Justice (UCMJ). These questions center on Article 31(b), which requires that a sailor suspected of an offense be warned both that he need not make any statement regarding that... More...

$0 (01-12-2018 - MA)

Patrick Skrabec v. Town of North Attleboro, et al.

This appeal arises from the grant of the Defendants’ summary judgment motion following the Plaintiffs’ failure to oppose the motion within the timeframe set by the district court. The Plaintiffs, citing excusable neglect, sought relief from the judgment pursuant to Federal Rule of Civil Procedure 60(b)(1), which the court denied. Finding no error, we affirm the judgment... More...

$0 (12-18-2017 - MA)

George Evans v. United States of America

In this case, a small bug incited a lawsuit under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680. The district court, acting through a magistrate judge, ruled that the FTCA's discretionary function exception barred the maintenance of the action. See Evans v. United States, No. 14-cv-40042, 2016 WL 5844473, at *8 (D. Mass. Sept. 30, 2016) (citing 28 U.... More...

$0 (12-04-2017 - MA)

GEORGE EVANS v. UNITED STATES OF AMERICA <table> <td>

THE BEETLES We first rehearse the background of the case dividing our account into four movements. Norwegian Wood The Asian Longhorned Beetle (ALB) is an invasive pest that arrived in the United States from Asia, concealed in wooden shipping crates and pallets. According to the United States Department of Agriculture (USDA), the ALB has the grim potential t... More...

$0 (12-07-2017 - MA)

Robert Jude Wilber v. Robert Curtis; Brian Kinsella; Michael Rogers

This appeal concerns a challenge to a summary judgment ruling that dismissed a lawsuit that a Massachusetts property owner brought against three police officers. The suit addressed the owner's arrest for actions that he took in connection with his objection to the clearing of vegetation on his property by the work crew for an electrical utility, which held an easement to th... More...

$0 (09-21-2017 - MA)

Charles Morse and Lesa Morse v. Michael Cloutier, et al.

The Supreme Court has recognized that "a man's house is his castle" and has interpreted the Fourth Amendment to safeguard private homes against most warrantless intrusions. Payton v. New York, 445 U.S. 573, 589-90, 596 (1980). But there are some exceptions to this rule — and in this case, the defendants (police officers acting as such) assert that exceptions for exigent c... More...

$0 (08-25-2017 - MA)

COMMONWEALTH vs. ESAU DePINA COMMONWEALTH vs. ISAIAH MONTEIRO <table> <td>

<center><a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28012&z=74103&s=OK" target="_new"><h1>MoreLaw Performance Internet Marketing</a> Completely Free Marketing If It Does Not Work </h2> </center> We recite the facts that the jury could have found, reserving certain details for later discussion. On November 16, 2009, a... More...

$0 (03-13-2017 - MA)

Commonwealth v. Silvester

We summarize the evidence at trial, leaving additional details for discussion with the issues presented. On April 11, 2012, Kayleigh Gagnon and Kaitlyn Bayrouty arranged to meet to fight each other. By about 10:30 A.M., Gagnon had gathered her then boy friend, Leonard Starcher, and his best friend, the victim, Brandon Dunham, on Starcher's front porch in Fall River. The victim and Bayrout... More...

$0 (05-02-2016 - MA)

ELBA SALDIVAR v. DANIEL RACINE; THE CITY OF FALL RIVER

The allegations set forth in Saldivar's complaint1 are very disturbing. As we are reviewing a dismissal for failure to state a claim, we accept the complaint's factual allegations as true and draw all reasonable inferences from those facts in favor of Saldivar. In early June 2011, Elba Saldivar, a resident of Fall River, contacted the Fall River Police Department and rep... More...

$0 (03-29-2016 - MA)

UNITED STATES v. JAMES J. BULGER, a/k/a Jimmy, a/k/a Whitey, a/k/a Jim

The factual underpinning of this case is considerable. The events span decades and the cast of characters is large but this appeal is circumscribed in scope making only certain details pertinent. We chart the relevant origin and travel of the case, saving the facts related to the maintained errors for later.1 A. The Indictment In 2001, Bulger, who was on the run ... More...

$0 (03-07-2016 - MA)

Skawski v. Greenfield Investors Property Development LLC

The defendant, Greenfield Investors Property Development LLC4 (developer), seeks to build a retail development of not more than 135,000 square feet of commercial space in Greenfield (project). On May 17, 2011, the planning board of Greenfield (planning board) granted a special permit in favor of the developer to construct the project, subject to various conditions. ... More...

$0 (02-11-2016 - MA)

United States v. Pascual Santiago–Méndez, Luis Enrique Ruperto–Torres, Anthony Domínguez–Colón, and Víctor Gerardo Cortés–Cabán

We are presented with highly troubling instances of abuses of police power, including the disturbing practice, conducted by certain members of the Mayagüez Drugs and Narcotics Division of the Puerto Rico Police Department, of planting evidence and conducting illegal searches and seizures in violation of the Fourth Amendment. Defendants–Appellants Pascual Santiago–Méndez (“Santiago�... More...

$0 (12-30-2015 - MA)

Commonwealth v. Estabrook

To provide context, we summarize some of the background facts as found by the motion judge, reserving additional facts for consideration in connection with the issues raised in these appeals.3 At approximately 3:50 A.M. on July 7, 2012, Quintin Koehler (victim) and his brother, Ryan, were at their home in Billerica when they heard loud noises coming from the kitchen.... More...

$0 (09-28-2015 - MA)

United States of America v. Ernesto Monell

Ernesto Monell ("Monell") appeals from his conviction and sentence for one count of being a felon in possession of a firearm and ammunition and for one count of possessing with intent to distribute cocaine base. His primary challenge on appeal is to the warrant used by police to search his apartment. Monell also raises several other issues from his trial and sentencing. Aft... More...

$0 (09-04-2015 - MA)

Brown v. Office of the Commissioner of Probation

This case presents the novel issue of whether a plaintiff who recovers punitive damages as part of a judgment 2 under the provisions of G. L. c. 151B, § 9, against a subdivision of the Commonwealth may be awarded postjudgment interest on that award and on the award of attorney's fees and costs, or whether sovereign immunity bars such interest.1 The statutes relevant to the issue, incl... More...

$0 (08-04-2015 - MA)

Murray v. Town of Hudson

During a varsity baseball game between two high school teams at a public park in the town of Hudson (town), the plaintiff, a ballplayer with the visiting team, seriously injured his knee while warming up in the bullpen. The plaintiff filed suit in the Superior Court against the town under the Massachusetts Tort Claims Act, G. L. c. 258 (act), alleging that his injury... More...

$0 (08-03-2015 - MA)

Denis Murray v. Kindred Nursing Centers West, LLC

Denise Murray portrays herself as a whistleblower and charges that her quondam employer, Kindred Nursing Centers West LLC (Kindred), fired her on that account. Kindred denies this charge, asserting that it terminated Murray's employment for a legitimate, nondiscriminatory reason: suspected drug diversion. The district court assiduously sorted through the evidence supporting... More...

$0 (06-10-2015 - MA)

Hyannis Marina, Inc. v. Angela M. O'Connor

Massachusetts Department of Public Utilities; JOLETTE A. WESTBROOK, in her official capacity as Commissioner of the Massachusetts Department of Public Utilities; ROBERT HAYDEN, in his official capacity as Commissioner of the Massachusetts Department of Public Utilities; JUDITH JUDSON, in her official capacity as Commissioner of the Massachusetts Department of Energy Resourc... More...

$0 (05-18-2015 - MA)

Brian Hunt and Kimberly Hunt v. David Massi and James Porter and Town of Falmouth

This civil rights case arises out of the refusal of officers serving an arrest warrant to accede to the request of an arrestee, Brian Hunt, that he be handcuffed with his hands in front of him, and the ensuing events. Hunt and his wife brought this case, asserting violations of his federal constitutional rights under 42 U.S.C. Â§ 1983, as well as pendent state law claims.... More...

$0 (12-10-2014 - MA)

Denise McGrath v. Richard T. Tavares, et al.

This appeal stems from the tragic deadly shooting of a sixteen-year-old boy named Anthony McGrath ("Anthony") by a Plymouth police officer. Following the untimely death of her son, Denise McGrath ("McGrath") filed a 42 U.S.C. Â§ 1983 action, alleging the police officers involved had used excessive force in violation of the Fourth and Fourteenth Amendments. The two named p... More...

$0 (08-01-2014 - MA)

Richard Feingold v. John Hancock Life Insurance Company (USA)

Richard Feingold sued John Hancock Life Insurance Company and John Hancock Life & Health Insurance Company (collectively, "Hancock") in a putative class action for damages said to arise from Hancock's adherence to contractual terms requiring that Hancock be given notice of the death of its insureds before death benefits are paid out to beneficiaries. Specifically, Hancock is said to have an obliga... More...

$0 (05-27-2014 - MA)

Albert Davidson v. Elin Howe

Plaintiffs Albert and Regina Davidson are guardians of 70-year-old Marilyn Davidson (whom we refer to as "Marilyn"), who is in state care. They appeal from the district court's denial of a preliminary injunction in an action purported to be brought under the federal Medicaid Act and various implementing regulations. Davidson v. Howe, No. 1:13-cv-12634-WGY (D. Mass. Oct. 29, 2013). Plaintiffs sough... More...

$0 (04-16-2014 - MA)

Tracy Bartlett v. Department of the Treasury (Internal Revenue Service)

Tracy Bartlett filed a one-count complaint against her former employer, the Internal Revenue Service ("IRSâ€), in which she alleged that she had been constructively discharged in violation of the Rehabilitation Act, 29 U.S.C. Â§ 701 et seq., and the Americans with Disabilities Act ("ADAâ€), 42 U.S.C. Â§ 12101 et seq. The IRS moved to dismiss the complaint on the ground that Ms. Bart... More...

$0 (04-08-2014 - MA)

David Pierce v. Cotuit Fire District

Plaintiff-appellant David Pierce, former Captain of the Cotuit, Massachusetts Fire Department, brought a complaint against the Department, the Fire Chief, and the Board of Fire Commissioners, alleging political discrimination in violation of the First Amendment and 42 U.S.C. Â§ 1983, whistleblowing retaliation in violation of the Massachusetts Whistleblower Act, and tortious interference with co... More...

$0 (01-28-2014 - MA)