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· 10/13/1987

Breault v. CHAIRMAN OF BD, FIRE COMMR. OF SPRINGFIELD

Citations

  • 513 N.E.2d 1277
  • 401 Mass. 26

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that common-law immunity does not apply to ministerial, versus discretionary, acts
  • no immunity for intentional ministerial acts; immunity for discretionary acts within scope of duty performed in good faith
  • where acts are ministerial, no valid claim of qualified immunity can be raised
  • doctrine of present execution applied to order denying qualified immunity because defendant's right to freedom from suit would \be lost forever\ if order were not immediately appealable
  • refusing qualified immunity under Federal and State law

Source: CourtListener parenthetical corpus (CC0).

Judges: Liacos

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.