(DOWNLOAD) "Frederick Duarte v. Robert W. Healy" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Frederick Duarte v. Robert W. Healy
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 10, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This court concluded that the Legislature, in enacting the State Civil Rights Act, G. L. c. 12, §§ 11H & 11I, intended to adopt the standard of qualified immunity for public officers with respect to their discretionary functions as developed by the United States Supreme Court under the Federal Civil Rights Act, 42 U.S.C. § 1983 (1982). [46-47] The acts of two municipal officers in formulating a drug testing policy for probationary fire fighter recruits were discretionary in nature, and, at the time a certain recruit was subjected to testing in 1985, decisional law did not clearly establish that such a policy violated the recruit's constitutional rights, with the result that the officers were immune from suit on the recruit's claims alleging violations of his civil rights. [47-49]

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