Case law

HARRIS v. KRASNER

District Court, E.D. Pennsylvania · May 12, 2023

“When a prosecutor ‘performs the investigative functions normally performed by a detective or police officer,’ he is [only] entitled to qualified immunity,” not absolute immunity. … As a result, to earn the protection of absolute immunity, a defendant must show that the conduct triggering absolute immunity “clearly appear[s] on the face of the complaint.” Id. (quoting Wilson v.

United States Ex Rel. Bennett v. Prasse

408 F. Supp. 988 · District Court, E.D. Pennsylvania · Feb 25, 1976

Wolfe denies sufficient involvement to support liability, avers that plaintiff has failed to establish his equal protection and/or due process claims, and also claims immunity from suit for damages under the Civil Rights … In Snowden , the plaintiff alleged that state officials willfully and maliciously refused to certify him as a candidate for public office even though he qualified himself for nomination.

McLaughlin v. Pernsley

693 F. Supp. 318 · District Court, E.D. Pennsylvania · Aug 23, 1988

Because this Court finds that the plaintiffs have established successfully these criteria and because the law and the facts are clearly in their favor, this Court will grant the plaintiffs’ motion for preliminary injunction … Williams does not consider himself an expert on child placement and was not offered or qualified as an expert on that subject matter.

Haney v. Brennan

390 F. Supp. 3d 633 · District Court, E.D. Pennsylvania · Jul 31, 2019

Discrimination Claim Without direct evidence, Plaintiff's discrimination claim must be analyzed under the burden-shifting framework established in McDonell Douglas v. … Green . 38 Under this framework, a plaintiff must establish a prima facie case of discrimination by showing that: (1) he belongs to a protected class, (2) he was qualified for the *640 position, and (3) he suffered an adverse

DOE v. CENTRAL BUCKS SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Feb 29, 2024

Austin may enjoy qualified immunity from a claim of excessive force towards an autistic child less than six years old. Ms. … App’x 79, 81 (3d Cir. 2017) (affirming denial of a motion to dismiss an excessive force claim on qualified immunity grounds).

United States v. Kessler

104 F. Supp. 434 · District Court, E.D. Pennsylvania · Apr 25, 1952

Following each arrest she had had a hearing before Dennis Fitzgerald, then a duly elected and qualified Magistrate of the City of Philadelphia, and on each occasion she had been discharged. … At other times, although not ordered to picket, she had been with the group of pickets at the establishment and because she was there in the group she had also been arrested.

Perry v. Novartis Pharmaceuticals Corp.

564 F. Supp. 2d 452 · District Court, E.D. Pennsylvania · Jul 9, 2008

Standard The Federal Rules of Evidence tell us that, where “scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue,” an expert who is qualified … He begins by noting that immune deficiency, whether congenital, iatrogenic, or acquired, is a strong risk factor for NHL. Id. ¶ 43. Pimecrolimus is a cal-cineurin inhibitor and is known to suppress immune function.

Tanay v. Encore Healthcare, LLC

810 F. Supp. 2d 734 · District Court, E.D. Pennsylvania · Aug 26, 2011

The Law clearly indicates that it is intended to be applied to bodies that receive not only money appropriated by the Commonwealth, but also public money that passes through the Commonwealth. Id. … Defendants’ only argument is that Plaintiff fails to allege that he was qualified for the administrator position.

Pichler v. UNITE

228 F.R.D. 230 · District Court, E.D. Pennsylvania · May 31, 2005

It is far from clear in what sense the Kehoe court meant that the reference to liquidated damages “qualified” the availability of actual damages because its holding functionally “qualifies” the availability of liquidated … As we explained in the text, that phrase's common law provenance also suggests that plaintiffs need not establish actual damages to qualify for the minimum $2,500 award. .

Turevsky v. FixtureOne Corp.

904 F. Supp. 2d 454 · District Court, E.D. Pennsylvania · Oct 19, 2012

As such, the counterclaim plaintiffs have clearly not made a showing that establishes every element of conversion, and the claim cannot survive a motion for summary judgment. … The Plaintiff has clearly established a prima facie case. It is undisputed that she was pregnant and all Defendants knew of her pregnancy.

BAKER v. WARD

District Court, E.D. Pennsylvania · Jul 8, 2025

ko > MARY KAY COSTELLO, 1. 6 Ward is also entitled to qualified immunity. … Qualified immunity asks whether a Defendant violated a constitutional right that was clearly established. Pearson v. Callahan, 555 U.S. 223, 231-32 (2009).

United States v. McMenamin

58 F. Supp. 478 · District Court, E.D. Pennsylvania · Dec 29, 1944

examination of the Act discloses that, although the words “plant, mine, or facility” appear some 13 times in sections 3, 4, and 5, section 6 is the first (though not the only) place in which they are used without being qualified … All these rules are well established, but they have no application where the words of the statute are so plain as to require no judicial interpretation and, in doubtful cases, they will not be applied counter to the evident

Greene v. PALAKOVICH

482 F. Supp. 2d 624 · District Court, E.D. Pennsylvania · Apr 2, 2007

A divided Supreme Court addressed the meaning of “clearly established Federal law 5 ’ in Williams v. … Maryland as being part of the clearly established Supreme Court precedent that must be applied. b.

Van Doren v. Coe Press Equipment Corp.

592 F. Supp. 2d 776 · District Court, E.D. Pennsylvania · Dec 30, 2008

of the immunity for its own negligence it possessed as the employer of the insured employee.” … The Supreme Court of Massachusetts applied the dual persona immunity and held that the employer was not immune from suit because its liability, if any, arose “solely from the negligence of an independent corporation no longer

Dabravalskie v. Gardner

281 F. Supp. 919 · District Court, E.D. Pennsylvania · Mar 26, 1968

The record shows that plaintiff has done nothing except unskilled, heavy laborious labor and is apparently qualified to do nothing else. … However, other sources of medical information based upon X-ray and clinical studies, clearly established the soundness of Dr. Weaver’s conclusions.

Sotack v. Pennsylvania Property & Casualty Insurance Guaranty Ass'n

104 F. Supp. 2d 471 · District Court, E.D. Pennsylvania · Jun 28, 2000

pursuing state objectives, and (3) is controlled by the state, PPCIGA is a government entity under Lebron, 513 U.S. at 400 , 115 S.Ct. 961 . 13 Defendants’ mo *480 tion for summary judgment on the basis that PPCIGA does not qualify … Because PPCIGA is a slate entity, it may be immune from suit in federal court under the Eleventh Amendment. See Alabama v. Pugh, 438 U.S. 781 , 98 S.Ct. 3057 , 57 L.Ed.2d 1114 (1978).

T.R. v. School District of Philadelphia

223 F. Supp. 3d 321 · District Court, E.D. Pennsylvania · Nov 30, 2016

The IDEA mandates that schools develop “[procedures designed to ensure that [this notice] is in the native language of the parents, unless it clearly is not feasible to do so.” Id. § 1415(b)(4). … It is certainly possible that a developed record may not establish Plaintiffs’ systemic legal deficiency theory.

Varela v. Philadelphia Neighborhood Housing Services, Inc.

68 F. Supp. 2d 575 · District Court, E.D. Pennsylvania · Oct 21, 1999

To establish a prima facie case, a plaintiff seeking relief under the ADA must show that: (1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to perform the essential functions of the … Defendants argue that the record evidence clearly shows that PNHS granted plaintiffs second request for accommodation on March 4, 1997.

United States v. Ullman

115 F. Supp. 211 · District Court, E.D. Pennsylvania · Oct 22, 1953

Section 1491 of Title 28, also referred to, merely establishes the jurisdiction of the Court of Claims. … Clearly, under present statutes, if in Civil Action No. 14963 Herman Ullman should prevail against the claim of the Government, no attorney’s fee could be charged to the Government.

United States v. Motto

70 F. Supp. 2d 570 · District Court, E.D. Pennsylvania · Nov 9, 1999

In vigorous language with echoes from the class struggle, Motto writes, on the fifth unnumbered page of his Sentencing Memorandum, AOL is totally immune. … All it takes to qualify for a "pervasive pattern of disregard for and violation of the rights of others” under DSM-IV § 301.7 are three (or more) of the following: (1) failure to conform to social norms with respect to lawful