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

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.

... More...    $0 (01-22-2022 - MA)

United States of America v. INYEMAR MANUEL SUAZO

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



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.

Boston, MA - Indian Gaming lawyer represented defendant with seeking to halt the
development of a gaming facility claim.



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.,





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





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





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





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





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

District of Massachusetts Federal Courthouse - Boston, Massachusetts

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.

District of Massachusetts Federal Courthouse - Boston, Massachusetts

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

District of Massachusetts Federal Courthouse - Boston, Massachusetts

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

District of Massachusetts Federal Courthouse - Boston, Massachusetts

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

District of Massachusetts Federal Courthouse - Boston, Massachusetts

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.

District of Massachusetts Federal Courthouse - Boston, Massachusetts

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

District of Massachusetts Federal Courthouse - Boston, Massachusetts

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.S.... More...
   $0 (12-04-2017 - MA)

GEORGE EVANS v. UNITED STATES OF AMERICA

The Asian Longhorned Beetle

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

Federal Courthouse - Boston, Massachusetts

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.

Federal Courthouse - Boston, Massachusetts

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 cir... More...
   $0 (08-25-2017 - MA)

COMMONWEALTH vs. ESAU DePINA COMMONWEALTH vs. ISAIAH MONTEIRO

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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”), Antho... 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, inclu... 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. § 1983, as
well as pendent state law claims. T... 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. § 1983 action, alleging the police officers involved had
used excessive force in violation of the Fourth and Fourteenth
Amendments. The two named pol... 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)

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. § 1983, whistleblowing retaliation in violation of the Massachusetts Whistleblower Act, and tortious interference with cont... More...    $0 (01-28-2014 - MA)

Angel Sanchez v. United States of America

Plaintiff Angel Sanchez, a widower and the executor of his wife's estate, sued his wife's doctors for medical malpractice. As it turned out, those doctors were federal employees, against whom claims are forever barred unless brought within the two-year limitations period Congress allowed under the Federal Tort Claims Act ("FTCA"), as opposed to the three-year period allowed by Massachusetts law fo... More...    $0 (01-14-2014 - MA)

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