Johnson v. Rufo, 26 Mass. L. Rptr. 226 (2009)

Citation: Johnson v. Rufo, 26 Mass. L. Rptr. 226 (2009)
Parent Document: Johnson v. Rufo, 26 Mass. L. Rptr. 226 (2009)
Jurisdiction: Massachusetts (state)
Effective Date: 2009-10-28
Original Source: https://www.courtlistener.com/opinion/8357287/johnson-v-rufo/ ↗

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Turning to the merits of Rufo’s summary judgment motion, the court concludes that it must be allowed in its entirety. Summary judgment is appropriate when the summary judgment record shows that “there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Mass.R.Civ.P. 56(c); DuPont v. Commissioner of Corr, 448 Mass. 389, 397 (2007). A fact is “material” if it would affect the outcome of the action. Carey v. New England Organ Bank, 446 Mass. 270, 278 (2006). A dispute is “genuine” where a reasonable finder of fact could return a verdict for the non-moving party. Fles-ner v. Technical Commc’ns Corp., 410 Mass. 805, 809 (1991). The court must view the evidence in the light most favorable to the non-moving party and draw all reasonable inferences in his favor. Jupin v. Kask, 447 Mass. 141, 143 (2006). A.

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