Marielise Kelly obtains Partial Summary Judgment in Civil Rights case.

Summary Judgement – Marielise Kelly obtained a partial summary judgment in favor of Defendant Martha’s Vineyard Transit Authority on Plaintiff’s claims under M.G.L.c. 93A; 42 U.S.C. §1981, as well as a count alleging negligent infliction of emotional distress. The court ruled, as a matter of law, that M.G.L.c. 93A did not apply to the actions of a public transit authority in carrying out its statutory mandate of providing transportation. Additionally, the court ruled that 42 U.S.C. §1981 did not provide for a private right of action against a municipal entity such as the Transit Authority. Finally, the court ruled that there was inadequate evidence of physical harm to sustain a claim for negligent infliction of emotional distress. Brooks v. Martha’s Vineyard Transit Authority; Transit Connection, Inc. and James Taylor, 2019-11119-WGY (The Honorable William G. Young) (1/2/2020) Judge Young’s memorandum and order on SJ motions