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Showing posts with label constitutional tort. Show all posts
Showing posts with label constitutional tort. Show all posts
Friday, April 3, 2020

Commonwealth wins two in tort: one, bad presentment; two, no duty to juvenile assaulted in contractor custody

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The Commonwealth prevailed in two tort suits under the Massachusetts Tort Claims Act at the end of February.  One case, a slip-and-fall, was...
Friday, October 12, 2018

Dutch court upholds dike against climate change, while Trump Administration seeks to stop climate-change 'trial of the century' in Oregon

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"Little Dutch boy" at Madurodam , The Hague, by Kara van Malssen ( CC BY-NC-SA 2.0 ) On Tuesday, an intermediate appellate ...
Wednesday, September 26, 2018

Public officials must know religious freedom gets strict scrutiny, so lose qualified immunity in civil rights case over church access

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In a civil rights case involving the freedom of religion, the Massachusetts Appeals Court today denied qualified immunity to public official...
Thursday, September 20, 2018

John Does on sex-offender registry lose all civil rights claims against state, despite possible errors in listings

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Persons listed on a part of the Massachusetts sex-offender registry for perpetrators who "moved out of state" have no constitution...
Wednesday, May 31, 2017

Court holds no duty/no cause in rape case against state

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Sovereign immunity and affirmative duty were at issue in a state tort claims act case of tragic facts decided 3-2 upon rehearing in the Mas...