Case law

In re Arthur Treacher's Franchisee Litigation

92 F.R.D. 429 · District Court, E.D. Pennsylvania · Nov 6, 1981

These questions did not seek to elicit any confidential information but rather were aimed at establishing the applicability or lack thereof, of the privilege. … Mo., W.D.1978), wherein the court stated: To reveal any problems of privilege or other immunity to discovery that would arise if the deposition of Mr.

Gainey aka Naree Abdullah v. PHILADELPHIA

District Court, E.D. Pennsylvania · Apr 24, 2023

Plaintiffs argue that the Individual Defendants are not entitled to qualified immunity. Id. at 27-29. … City 2 The City argues that the Individual Defendants are immune from suit due to qualified immunity. Mot. at 9.

GEDEON v. THE ATTORNEY GENERAL

District Court, E.D. Pennsylvania · Mar 14, 2025

Given this, Plaintiff’s claim clearly falls within the scope of her duties as a PHS officer, and thus she is immune from it.3 Any amendment would be futile, and the Court dismisses Plaintiff’s claim against Defendant Kistler … Plaintiff’s claim would be a new context from the established Bivens caselaw.

Royal Ins. Co.(UK) Ltd. v. Ideal Mut. Ins. Co.

649 F. Supp. 130 · District Court, E.D. Pennsylvania · Mar 31, 1986

Earl Vincent, who was a qualified and experienced pilot and who operated a charter aviation company known as Mercury Aviation. 28. … , a conversion is established as a matter of law.

WILSON v. PA. STATE CORRECTIONAL INSTITUTION GRATERFORD/PHOENIX S.C.I.

District Court, E.D. Pennsylvania · Sep 30, 2021

Before this Court is Defendant’s motion for summary judgment premised on, inter alia, (1) Plaintiff’s failure to exhaust his claim for monetary compensation and (2) Defendant’s qualified immunity defense. [ECF 38]. … Accordingly, Defendant’s motion for summary judgment is granted.5 In light of this determination, this Court need not address Defendant’s argument for qualified immunity.

Isaacs v. Temple University

467 F. Supp. 67 · District Court, E.D. Pennsylvania · Mar 16, 1979

In determining this issue, I rely solely upon the established record, without reference to the letter from the plaintiffs. … They must remain open not only to the rich and thé poor, but also to multitudes in between who do not qualify for publicly supported legal aid, and who can afford the ever-increasing costs of legal services only by great

Celano v. Celano

537 F. Supp. 690 · District Court, E.D. Pennsylvania · Apr 13, 1982

This is true even when the state official is immune from civil liability. In Dennis v. … As a matter of law, this is insufficient to establish the “joint activity” requirement between Judge Moss and either defendant necessary to establish action under color of state law.

AIR MARSHAL ASSOCIATION v. SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY

District Court, E.D. Pennsylvania · Jun 4, 2025

Here, federal air marshals are subject to the system established by the FAA, 49 U.S.C. § 40122. (See ECF No. 25-2 at 3); see also 49 U.S.C. § 114(n)(1). … Notably, that case centered on the types of “minor personnel actions” clearly encompassed by the CSRA. 783 F.2d at 1116. Moreover, to the extent the Egger case involved constitutional issues, the D.C.

Reliant Income Fund, LLC; and Reliant Income STBL II, LLC v. Next Bank International, Inc.; Richard Balles; Anaximandro Moraes; Garfield Antonio; Community Redevelopment, Inc.; Artistry DC 1, LLC; 2228 13TH LLC; 21ST CONDOS LLC; 1326 8TH ST LLC; 1000 18TH ST NE 2020 LLC; 1320 8TH ST FUND LLC; A/X Carpenters, LLC; and RBC Properties LLC

District Court, E.D. Pennsylvania · Jul 30, 2026

Taking these allegations as true, the Amended Complaint clearly establishes a chain of title for all five loans sufficient to demonstrate Plaintiffs’ standing to bring claims in relation to the purchases of those loans … to be established on the face of the Amended Complaint.

Presseisen v. Swarthmore College

442 F. Supp. 593 · District Court, E.D. Pennsylvania · Sep 2, 1977

From the above, plaintiffs contend that they have shown clearly that sex or a sex-dependent factor was statistically significant in effecting the salaries of men and women on the faculty of Swarthmore from 1971 to 1976. … fact that there were qualified women, the men were much more qualified in each and every instance.

ROSADO v. THE NORTHAMPTON BOROUGH POLICE DEPARTMENT

District Court, E.D. Pennsylvania · Jan 26, 2022

under the doctrine of qualified immunity. … However, the Court notes that the doctrine likely does apply here because there is not clearly established precedent that Defendants’ use of force in this case “obviously violated a clearly established constitutional right

LUO v. OWEN J. ROBERTS SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Mar 18, 2022

As attorneys for the School District, Defendants cannot be held liable to Luo because they are protected under the doctrine of qualified immunity. … Defendant Dan O’Brien is entitled to qualified immunity from the § 1983 claims asserted against him.

MURPHY v. OFFICE OF DISCIPLINARY COUNSEL

District Court, E.D. Pennsylvania · Sep 30, 2019

“Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction[.]” Pierson v. … Absolute immunity, we have been told time and again, is “strong medicine,” Forrester, 484 U.S. at 230, 108 S.Ct. 538 (citation omitted), and the “presumption is that qualified rather than absolute immunity

LICAUSI v. ALLENTOWN SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Feb 4, 2020

is immune as a high public official. … Qualified immunity Defendants’ qualified immunity argument rests on their assertion that LiCausi has not pled a violation of a constitutional right.

Potts v. City of Philadelphia

224 F. Supp. 2d 919 · District Court, E.D. Pennsylvania · Aug 29, 2002

Defendants also argue that Detectives Land and Pelosi are entitled to summary judgment on the basis of qualified immunity. … In light of my ruling that Land and Pelosi are entitled to judgment on plaintiff's claims as a matter of law, I need not decide the issue of qualified immunity. 12 .

Pulcinella v. Ridley Township

822 F. Supp. 204 · District Court, E.D. Pennsylvania · Jul 26, 1993

The statute by its wording exempts “any single-family house” that otherwise qualifies for the exemption. … Plaintiffs have, at best, established that Robert Pulcinella is a handicapped person entitled to the protections of the FHAA. They have established that Mr.

Hickey v. Carpenters' Health & Welfare Fund

486 F. Supp. 459 · District Court, E.D. Pennsylvania · Feb 13, 1980

A “Qualifying Work Period” is defined as “a six-month Work Period in which [an employee] has at least 450 Credited Hours, or a 12-month Work Period in which he has at least 900 Credited Hours.” Id. § 1.17. … This language clearly establishes that if a worker earns 450 Payment Hours after receiving credit under § 1.13(iii), the credit he earlier received pursuant to that section will thereafter be disregarded in computing the

RP Wynstone, LP v. NEW HANOVER TOWNSHIP

District Court, E.D. Pennsylvania · Feb 5, 2025

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Pearson v. … Therefore, these individual Defendants are entitled to qualified immunity.

Holman v. Gillis

58 F. Supp. 2d 587 · District Court, E.D. Pennsylvania · Jul 21, 1999

A petitioner’s failure to exhaust state remedies is, however, excused only when state law “clearly foreclosed state court review of [the] unexhausted claims.” Toulson, 987 F.2d at 987 . … The Pennsylvania Supreme Court went on to state that “[t]he Legislature has spoken on the requisites of receiving relief under the PCRA and has established a scheme in which PCRA petitions are to be accorded finality.

Spencer v. Steinman

968 F. Supp. 1011 · District Court, E.D. Pennsylvania · Jun 24, 1997

Dismissal is not appropriate unless it clearly appears that plaintiff can prove no set of facts in support of his claim which would entitle him to relief. See Conley v. … For purposes of § 1983, the requisite state action is present even if the alleged conspirator is a state judge who is himself immune from suit for damages under § 1983.