Bluefish Taxi Llc, Samantha Church, James Hickey’s Memorandum In Support Of Motion For Summary Judgment

polay v mcmahon

Instead, a more careful revision would ensure that violations of, for example, terms of service agreements would not trigger criminal liability for users, while also giving law enforcement means to punish malicious, damaging conduct by even “authorized” computer users. On appeal, the SJC, citing Wynne v. Creigle, 63 Mass. For example, in Global NAPs, Inc. v. Verizon New England, Inc., 63 Mass App. Ct. 600 , a company’s statements about a government investigation of its competitor were not protected, because the company was not petitioning on its own behalf.

The article examines how and why multiple identities are altered, used and discarded by forced migrants. But this undeniably useful technology (“Ring” is probably the best-known) can also expose owners to invasion of privacy complaints, potentially creating liability risks for condo associations that, plaintiffs might contend, permit the violations.

The Massachusetts District Court is a trial court in Massachusetts that hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases. District Court criminal jurisdiction extends to all felonies punishable by a sentence up to five years, and many other specific felonies with greater potential penalties; all misdemeanors; and all violations of city and town ordinances and by-laws. In felonies not within District Court final jurisdiction, the District Court conducts probable cause hearings to determine if a defendant should be bound over to the Superior Court. District Court magistrates conduct hearings to issue criminal complaints and arrest warrants, and to determine whether there is probable cause to detain persons arrested without a warrant. Both judges and magistrates issue criminal and administrative search warrants. In civil matters, District Court judges conduct both jury and jury-waived trials, and determine with finality any matter in which the likelihood of recovery does not exceed $50,000.

The Walking Dead World Beyond Season 1, Episode 5 madman Across The Water Review: It Is Finally Picking Up

A federal judge dismissed a lawsuit that Polay and Morse filed against another neighbor, Lowell police Capt. Thomas Kennedy, Lowell police, and several individual officers in 2009. The way in which the migrants experienced identity oscillation was clearly inherent to the migrant integration process. In this process, identities that enjoyed a positive perception in the eyes of the migrants were espoused to facilitate the migrants’ navigation of the new social context, leading to the expectation of social promotion . G Valentine and D Sporton argue that ‘the twin forces of the global economy and global conflicts’ have accelerated and transformed international migration patterns in the twenty-first century, raising questions about how such mobility might shape processes of identification and/or identity formation.

Thus, there was no error in the judge’s dismissal of the plaintiffs’ claim of intentional infliction of emotional distress. Around April, 2008, McMahon and other neighbors entered into a common plan to harass Polay. Among other actions, McMahon installed several video cameras in his house, which were pointed at the plaintiffs’ property. Polay alleged that these cameras record their house on a continuous basis, and enable McMahon to see into the windows of their home. Polay’s complaint alleged that McMahon’s conduct caused “extreme discomfort and distress,” and that “the emotional distress suffered by them was severe and of such a nature that no reasonable person could be expected to endure it.” McMahon filed a motion to dismiss the complaint.

Ktc Isn’t The Guilty Party Here

At the same time, it has been long established that forced migrants increasingly embody multiple and fluid identities in different spaces and times. For example, in their exploration of Somali refugees’ experiences in the UK, G Valentine and D Sporton show that identity construction or formation does not necessarily occur in a vacuum but is relational in nature, being attained through interaction with others and in and through different spaces . Thus, as SS Kebede argues, in the context of forced migration, forming and reforming identities are part of the struggle to ascertain belongingness to a new socio-cultural domain. This assertion entails occasionally dramatic deconstruction and reconstruction of self and its association with various communities and identities .

polay v mcmahon

This holding marks a small but important step toward limiting police intrusions on privacy for people of all income levels and races in Massachusetts. According to recentstories on the internet, a drone was used to spy on a woman in her home. Two men were seen flying a drone with a video screen showing a display from a camera on the drone. In other words, using the drone as a high-tech Peeping Tom. If this happened in Massachusetts, the men flying the drone could be sued for invasion of privacy. Neighbor pointing video camera at another neighbor’s property may be an intrusion of privacy. A compilation of laws, regulations, and web sources on privacy law in general.

What did not make any sense at the first five minutes, is how the cliffhanger on the previous episode is resolved. Percy approached them with a weapon and Felix stops him from behind. What was the point of revealing yourself if you were going to leave. Iris is ready to trust anyone that tells her a false story and believe every word they say. I find that ridiculous that they are easy to trust anyone. There are five more episodes left of World Beyond to finish the first season. “Shadow Puppets” is one of those episodes that has great directing and cinematrography.

Court System Summary Massachusetts

However, the proposed statute would also seemingly insulate “authorized users” of computers from prosecution, regardless of the nature of their conduct or the harm it causes. Congress should not seek to fix the CFAA by opening unnecessary gaps in the statute.

Without it, whenever we get to that reveal, there would’ve been less emotional heft to it. Is it any wonder the world was a lot scarier than he thought it would be, even if he factually knew it would be? It’s clear that beyond just not having much experience outside the university grounds, Elton also hasn’t made many friends in his life. Though he’s an orphan, there’s no clear parental figure in his life, so it doesn’t seem he really had a primary caretaker or guardian. This trip, only a few days in, has had more life or death bonding than anything he’s ever experienced, so it’s no wonder that he’s come to value these friendships so quickly. I think even Elton was surprised by how much they all mean to him, surprised to learn that he wasn’t just out here to be out here, to finish his mother’s book. But more than that, in this episode, we saw how much it shook him to be confronted with the words of his parents not being the absolute truth.

Prominent critics, like Congresswoman Zoe Lofgren (D-CA), contend that the CFAA imposes substantial criminal liability and punishment for relatively innocuous conduct. polay v mcmahon In 2011, in the wake of the Swartz case, Congresswoman Lofgren introduced “Aaron’s Law” to prevent arguably disproportionate penalties for certain CFAA violations.

Upon arrival of the police, McMahon began verbally attacking the plaintiffs, and officers ordered McMahon back inside his house. McMahon also filed “countless” other false reports against the plaintiffs, including one in which he alleged that Polay committed an assault and battery against McMahon’s son by attempting to push the son off his bicycle. The plaintiffs’ verified complaint contains the following allegations.

  • Or contact our support team who will be happy to help.
  • Gross negligence is substantially and appreciably higher in magnitude than ordinary negligence; for example, negligent acts that are long continued, serious, deliberate and persistent may constitute gross negligence.
  • See Roman v. Trustees of Tufts College, 461 Mass. at 718; Restatement of Torts § 46, comment d, illustration 4 (no extreme and outrageous conduct where individual “calls a God damned woman, a God damned liar, and says that if he were there he would break her God damned neck”).
  • Considered in light of these factors, McMahon’s alleged motive to harass converts his video surveillance of the interior of the plaintiffs’ home into an unreasonable intrusion.
  • In determining whether a legitimate claim exists, the courts balance the extent to which a defendant violated a plaintiff’s privacy interests against any legitimate purpose the defendant may have had for the intrusion.
  • For example, in their exploration of Somali refugees’ experiences in the UK, G Valentine and D Sporton show that identity construction or formation does not necessarily occur in a vacuum but is relational in nature, being attained through interaction with others and in and through different spaces .

P. 12, 365 Mass. 754 , and a special motion to dismiss pursuant to the anti-SLAPP statute, G.L. A judge of the Superior Court allowed the motion to dismiss as to all claims; he also allowed the special motion to dismiss with respect to the abuse of process and malicious prosecution claims, but denied the special motion as to the other three claims.

The Walking Dead World Beyond Season 1, Episode 4 the Wrong End Of A Telescope Review: Dances With Wolves

Indemnity provisions, however, often place specified limits on the amount a buyer can recover for a seller’s breach of representations and warranties. In addition, indemnity provisions frequently have claim deductibles or “baskets” — meaning the buyer must incur a certain amount of damages before having the right to seek redress. These cases have had a profound and immediate impact on the foreclosure process in the Commonwealth. Fortunately, the cases have provided direction with regard to how a mortgagee can both comply with the applicable statutes and demonstrate its compliance in the face of subsequent challenge. Unresolved at this stage, however, is how titles clouded by deficiencies in earlier foreclosures will be cleared – a remedy which now appears to be left to the Legislature.

polay v mcmahon

Ibanez observed that the law had not changed as a result of the decision, rather “ll that has changed is the plaintiffs’ apparent failure to abide by those principles and requirements in the rush to sell mortgage-backed securities.”Id. With the prohibition on “exceed authorized access” abolished, Aaron’s Law would decriminalize violations of an agreement, policy, duty, or contractual obligation regarding Internet or computer use, such as an acceptable use policy or a terms of service agreement. No longer would use of a computer service by a 16-year-old arguably create criminal liability where the operative service agreement provides that the user must be over 18. This change would bring the statute in line with the cases like Nosal that have construed the CFAA narrowly.

Massachusetts Laws

Whether there is liability for emotional distress unmanifested by any physical symptoms must be determined in another case. Considered in light of these factors, McMahon’s alleged motive to harass converts his video surveillance of the interior of the plaintiffs’ home into an unreasonable intrusion. The plaintiffs contend that they have alleged sufficient facts to support a claim of invasion of their right of privacy under G.

However, it concerns not so much the act of petitioning as the “ulterior or illegitimate purpose” for that petitioning. In Fabre v. Walton, 436 Mass. 517 , the defendant had obtained a domestic violence restraining order against her ex-boyfriend. In retaliation, the ex-boyfriend sued the defendant for abuse of process, alleging an improper motive for obtaining the restraining order . The defendant filed a Section 59H motion. She argued that asking for a restraining order was protected petitioning activity, but the motion was denied. The first Section 59H case to reach the Massachusetts Supreme Judicial Court (“SJC”) was not a typical SLAPP scenario.

The idea that they may turn away from him has shaken him to his core, well before the physical threats come into play. As a child, he survived, saw that his father was torn apart footsteps outside the room where he left Elton, and then he walked himself to the university’s evacuation zone. Where he lived in safety, until the chance to explore the world was finally an option again and he took it. So far, no Massachusetts court has published an opinion in a case concerning the way in which working capital adjustment disputes should be resolved. Nevertheless, parties in acquisitions should strive for clarity in delineating how such disputes should be addressed.

Around April, 2008, McMahon and other neighbors entered into a common plan to harass the plaintiffs. On April 4, McMahon met with certain identified neighbors to discuss taking concerted action against the plaintiffs. After the meeting, McMahon filed what the plaintiffs allege was a false police report averring that Morse was stalking him. One method for achieving such clarity is to exclude from the indemnity provision any difference over working capital calculations that may be addressed through the purchase-price-adjustment provision.

Religion could aid the socialisation process and represent a remedy for social exclusion and isolation; the host cultural paradigm exercises some dominance over time. Some authors found that the migrant population—and minorities more broadly—lean towards the dominant culture over time. The participants in our study largely attempted to retain the religious identity they arrived in exile with. However, close ties with the original religious identity also diminished in the long term. Like P1 and P14, many participants perceived having ‘social times’ with locals as forced compliance with the host country’s cultural patterns, using these as strategies to create opportunities . This supports TL Pittinsky, M Shih and N Ambady , concerning the notion that identities are situated.

As has been shown, our participants wished to assume particular identities, especially those that gave them advantages and acceptability within their new environment. However, as G Valentine and D Sporton argue,’a given identity is not just something that can be claimed by an individual, however; it is also dependent, at least in part, on an individual’s identity being recognised or accepted by a wider community of practice’. Indeed, many of the participants’ identities were both self-constructed and externally imposed by the new country’s socio-political system. The participants adopted different subject positions, which exemplified a variety of identities and attitudes. P1 and P3 saw themselves as forced migrants, which was self-constructed but also forced upon them by the host society. The experience of leaving familiar cultures of the home countries and the pessimism surrounding possible return confined them to the acceptance of their new situation as forced migrants. This subject position was equally attributed to them by host country structures where migrant status was often equated to outsiders and being disadvantaged.


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