Case law

Knapp v. United States of America

District Court, M.D. Pennsylvania · Feb 28, 2020

As noted above, the Health Center is one of the sites operated by WMCHC, which is a federally qualified health center, and receives funding from HHS. … established by a declaration affirming that the defendant was a PHS official during the relevant time period.”).

Commonwealth of Pennsylvania Department of Banking and Securities v. TitleMax of Delaware, Inc.

District Court, M.D. Pennsylvania · Jan 10, 2020

To determine whether a state agency is an “arm or alter ego” of the state for establishing diversity jurisdiction, courts apply Eleventh Amendment immunity analysis. Id. … Defendants also do not address the three-part Eleventh Amendment immunity test established by the Third Circuit.

Kadash v. City of Williamsport

362 F. Supp. 1343 · District Court, M.D. Pennsylvania · Jun 29, 1973

However, in order for a claim to be actionable under the Civil Rights Act, a plaintiff must show the denial of some right, privilege or immunity secured by the Constitution or laws of the United States by someone acting under … Further, under the Eminent Domain Code of 1964, 26 Pa.Stat.Ann. § 1-101 et seq., Pennsylvania has established a statutory procedure which “fully protects the rights of the property owner and guarantees to him the constitutional

United States v. Mikolaitis

682 F. Supp. 798 · District Court, M.D. Pennsylvania · Jan 26, 1988

Moreover, certain qualified borrowers are allowed a moratorium on principal and interest payments, possibly up to three years. … Moreover, the Board was to be free to depart from state law in establishing regulations.

Sterling Homes, Inc. v. Swope

816 F. Supp. 319 · District Court, M.D. Pennsylvania · Mar 17, 1993

Third, case law has established that removal statutes are to be strictly construed. As the court in Chase v. North Am. … The problem with this argument can clearly be seen by examining the facts of our case.

J.B.C v. Athens Area School District

District Court, M.D. Pennsylvania · Sep 15, 2025

To establish a § 1983 claim, a plaintiff must establish that the defendants, acting under color of state law, deprived the plaintiff of a right secured by the United States Constitution. Mark v. … Bloomsburg University is one such state agency entitled to Eleventh Amendment immunity from suit.

Smeltz v. Mayorkas

District Court, M.D. Pennsylvania · Sep 25, 2024

To make a prima facie case of discrimination, a plaintiff must establish that: 1) he is a member of a protected class; 2) he was qualified for the position he sought to attain or retain; 3) he suffered adverse employment … Abbasi, 582 U.S. 120, 155 (2017)(determining that federal officials were entitled to qualified immunity from Section 1985(3) claims under the facts of that case).

T.D.H.

District Court, M.D. Pennsylvania · Mar 6, 2026

Generally, an officer who 6 We note that the defendants have also raised a qualified immunity defense with respect to this claim. … But the matter of qualified immunity need not be addressed if the court determines that no underlying constitutional violation occurred. , 320 F.3d 409, 423 (3d Cir. 2003);

Hoang v. FUNAI CORP., INC.

652 F. Supp. 2d 564 · District Court, M.D. Pennsylvania · Jul 7, 2009

Sharp Electronics Corp., No. 04-901, 2005 WL 2456227 , *2-3 (W.D.Pa.2005), is clearly distinguishable. … Whenever the origin is not clearly defined, this process is inappropriate and cannot be used.

TLC Properties, Inc. v. Pennsylvania Department of Transportation

District Court, M.D. Pennsylvania · Jul 12, 2022

In either instance, it is the plaintiff’s burden to establish jurisdiction. See Mortensen v. First Fed. Sav. & Loan Ass’n, 549 F.2d 884, 891 (3d Cir. 1977). B. … Hence, the Commonwealth’s eminent domain laws, regulations, and procedures are clearly matters of substantial public concern. See NOPSI, 491 U.S.

Clark v. Richman

339 F. Supp. 2d 631 · District Court, M.D. Pennsylvania · Oct 7, 2004

Section 1983, of course, “imposes civil liability upon any person who, under color of state law, deprives another person of any rights, privileges, or immunities secured by the Constitution or laws of the United States.” … The rule states: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience

Ponzini v. Monroe County

897 F. Supp. 2d 282 · District Court, M.D. Pennsylvania · Sep 19, 2012

Similarly, judgment on the pleadings will “not be granted unless the movant clearly establishes there are no material issues of fact, and he is entitled to judgment as a matter of law.” Sikirica v. Nationwide Ins. … Plaintiffs’ Amended Complaint clearly shows that medical personnel evaluated Decedent, and it is not Cleare’s job, or place, to question the recommendations of medical personnel.

Mauder v. Brittain

District Court, M.D. Pennsylvania · May 5, 2021

Clearly, Mauder states a viable Eighth Amendment failure to protect claim against Sgt. … If Mauder decides to file an amended complaint, he must clearly label the document “Amended Complaint.” It must bear the docket number assigned to this case (Civ.

Brown v. Evans

District Court, M.D. Pennsylvania · Aug 29, 2024

Plaintiff clearly disagrees with the medical care provided, but that does not rise to the level of a constitutional violation. … It is well established that employees of the Commonwealth of Pennsylvania are entitled to sovereign immunity from common law tort claims so long as they are acting within the scope of their duties. See PA CONST.

Skehan v. Board of Trustees

501 F. Supp. 1360 · District Court, M.D. Pennsylvania · Nov 28, 1980

, official immunity and attorney’s fees. … There was, therefore, no need for a second hearing on the 5e issue to establish these matters.

Hackerman v. Demeza

576 B.R. 472 · District Court, M.D. Pennsylvania · Aug 22, 2017

This transfer of ownership was undertaken so that Demeza could qualify for a loan, secured by the Property, as Demeza had inadequate income to qualify for the loan by himself and needed Ashley as a joint obligor on the note … Those courts uniformly consider it to be a factual finding and apply the “clearly erroneous” standard of review.

Estate of Edward L. Himmelwright v. Trooper Benjamin J. Campana

District Court, M.D. Pennsylvania · Nov 14, 2023

Sovereign Immunity Defendant also requested that the Court grant summary judgment on whether state sovereign immunity bars the trespass to chattels claim. … , he will be granted immunity from this claim.

Sterling Homes, Inc. v. Swope

816 F. Supp. 319 · District Court, M.D. Pennsylvania · Mar 17, 1993

Third, ease law has established that removal statutes are to be strictly construed. As the court in Chase v. North Am. … The problem with this argument can clearly be seen by examining the facts of our case.

Scarnati v. Washington

599 F. Supp. 1554 · District Court, M.D. Pennsylvania · Jan 3, 1985

Moreover, if the board concludes that the doctor is “not fully qualified and satisfactory he shall be separated from the service.” Id. … Plaintiff, as a probationary employee, clearly was governed by the provisions of 38 U.S.C. § 4106 rather than 38 U.S.C. § 4110 , which applies only to tenured employees.

Wolfe v. City of Sunbury

District Court, M.D. Pennsylvania · Dec 5, 2024

Nov. 8, 2016) (“[T]he Court reads the Third Circuit’s decision in Torquato as approving of selective enforcement claims that are not premised on class-based discrimination), *34 (holding that qualified immunity barred … CONCLUSION Wolfe has waived his claims against Wojciechowski by failing to brief in response on his personal liability or qualified immunity.