Case law

E.P. v. Career Technology Center of Lackawanna County

District Court, M.D. Pennsylvania · Sep 27, 2024

Such a failure is clearly unreasonable and indicative of deliberate indifference. … Accordingly, Plaintiffs’ negligent hiring, supervision, and retention claims to the extent they caused sexual abuse fall within Section 8542(b)(9)’s sovereign immunity exception and Defendants cannot claim immunity

GARDNER v. HARRY

District Court, M.D. Pennsylvania · Jun 23, 2023

Defendants further argue the complaint fails to state a claim upon which relief may be granted and that they are entitled to qualified immunity because: (1) inmates sentenced to life are not similarly situated to inmates … sentenced to death; (2) the different housing classifications given to the two groups of inmates are rationally related to a legitimate government interest; and (3) the right Gardner asserts is not clearly established

Otto v. Pennsylvania State Education Ass'n—NEA

107 F. Supp. 2d 615 · District Court, M.D. Pennsylvania · Jul 3, 2000

But the judgment clearly made in Hanson and Street is that such interference as exists is constitutionally justified by the legislative assessment of the important contribution of the union shop to the system of labor relations … established by Congress.

Conway v. Rivello

District Court, M.D. Pennsylvania · Jan 27, 2025

However, the 14 doctrine of sovereign immunity, established by the Eleventh Amendment, protects states, such as the Commonwealth of Pennsylvania, from suits by citizens. … Congress has not abrogated the immunity regarding Conway’s claims, nor has Pennsylvania waived this grant of immunity. See 42 Pa. C.S.A. § 8521(b).

M.W. v. Career Technology Center of Lackawanna County

District Court, M.D. Pennsylvania · Sep 27, 2024

Such a failure is clearly unreasonable and indicative of deliberate indifference. … Accordingly, Plaintiffs’ negligent hiring, supervision, and retention claims to the extent they caused sexual abuse fall within Section 8542(b)(9)’s sovereign immunity exception and Defendants cannot claim immunity

B. W. v. Career Technology Center of Lackawanna County

District Court, M.D. Pennsylvania · Sep 27, 2024

Such a failure is clearly unreasonable and indicative of deliberate indifference. … Accordingly, Plaintiffs’ negligent hiring, supervision, and retention claims to the extent they caused sexual abuse fall within Section 8542(b)(9)’s sovereign immunity exception and Defendants cannot claim immunity

M.W. v. Career Technology Center of Lackawanna County

District Court, M.D. Pennsylvania · Sep 27, 2024

Such a failure is clearly unreasonable and indicative of deliberate indifference. … Accordingly, Plaintiffs’ negligent hiring, supervision, and retention claims to the extent they caused sexual abuse fall within Section 8542(b)(9)’s sovereign immunity exception and Defendants cannot claim immunity

Bender v. Norfolk Southern Corp.

994 F. Supp. 2d 593 · District Court, M.D. Pennsylvania · Jan 14, 2014

Legal Standard Defendant moves for summary judgment on the basis that the facts of record clearly establish that Plaintiff was unqualified to perform the essential functions of the conductor position, and because Plaintiffs … Defendant, however, has not established the third factor in the analysis, the likelihood of the potential harm.

Herrera v. United States

District Court, M.D. Pennsylvania · May 9, 2023

The doctrine of sovereign immunity, however, bars suits against the United States unless the Government has waived that immunity. See FDIC v. Meyer, 510 U.S. 471, 483 (1994). … Furthermore, an inmate may not avoid this exhaustion requirement by merely alleging that the administrative policies were not clearly explained to him. See Warman, 49 F. App’x at 368.

R.P. v. Career Technology Center of Lackawanna County

District Court, M.D. Pennsylvania · Sep 27, 2024

Such a failure is clearly unreasonable and indicative of deliberate indifference. … Accordingly, Plaintiffs’ negligent hiring, supervision, and retention claims to the extent they caused sexual abuse fall within Section 8542(b)(9)’s sovereign immunity exception and Defendants cannot claim immunity

Reilly v. York County

District Court, M.D. Pennsylvania · Aug 22, 2019

The York County Defendants argue that there are no genuine issues of material fact as to these individual defendants’ entitlement to qualified immunity and, therefore, they are entitled to summary judgment as to the counts … (Id. at 22- 23.)7 In response, Plaintiff argues that Defendants Sabol, Moore, and Stremmel are not entitled to qualified immunity as to Plaintiff’s constitutional

Piazza v. Kauffman

District Court, M.D. Pennsylvania · Mar 31, 2023

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. … and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity.

Williamson v. Wetzel

District Court, M.D. Pennsylvania · May 20, 2024

To certify a class, plaintiffs must establish that: (1) the class is so numerous that joinder of all members is impracticable; … Class certification is clearly inappropriate in this case. “It is plain error to permit an imprisoned litigant who is unassisted by counsel to represent his fellow inmates in a class action.” Hagan v.

R.P. v. Career Technology Center of Lackawanna County

District Court, M.D. Pennsylvania · Sep 27, 2024

Such a failure is clearly unreasonable and indicative of deliberate indifference. … Accordingly, Plaintiffs’ negligent hiring, supervision, and retention claims to the extent they caused sexual abuse fall within Section 8542(b)(9)’s sovereign immunity exception and Defendants cannot claim immunity

J. R. v. Career Technology Center of Lackawanna County

District Court, M.D. Pennsylvania · Sep 27, 2024

Such a failure is clearly unreasonable and indicative of deliberate indifference. … Accordingly, Plaintiffs’ negligent hiring, supervision, and retention claims to the extent they caused sexual abuse fall within Section 8542(b)(9)’s sovereign immunity exception and Defendants cannot claim immunity

John Joe Doe C.D. v. Career Technology Center of Lackawanna County

District Court, M.D. Pennsylvania · Sep 27, 2024

Such a failure is clearly unreasonable and indicative of deliberate indifference. … Accordingly, Plaintiffs’ negligent hiring, supervision, and retention claims to the extent they caused sexual abuse fall within Section 8542(b)(9)’s sovereign immunity exception and Defendants cannot claim immunity

Jacobs v. Horn

129 F. Supp. 2d 390 · District Court, M.D. Pennsylvania · Feb 20, 2001

established Federal law as determined by the Supreme Court of the United States,” or (2) “involved an unreasonable application of.. .clearly established Federal law, as determined by the Supreme Court of the United States … It is beyond question that clearly established federal law, as determined by the United States Supreme Court, exists and is applicable to the instant case.

CG v. Pennsylvania Department of Education

888 F. Supp. 2d 534 · District Court, M.D. Pennsylvania · Aug 23, 2012

Highly Qualified Teachers 109. On average, 96.8 percent of special education sections in class school districts are taught by highly qualified teachers. (PI. Ex. 18.) 110. … In order to establish a violation of Section 504 or the ADA, a plaintiff must prove that “(1) he is ‘disabled’ as defined by the Act; (2) he is ‘otherwise qualified’ to participate in school activities; (3) the school or

Spade v. United States Department Of Justice

District Court, M.D. Pennsylvania · Mar 31, 2021

Spade alleges that he suffered extreme emotional distress as a result of the negligent release of his personal information.31 The FECA Decision clearly states that Spade established that he   … The Court is sympathetic to Spade’s situation; what happened to him was clearly unfortunate, and he should pursue his administrative appeals to the fullest extent possible.

Wey v. Evangelical Community Hospital

833 F. Supp. 453 · District Court, M.D. Pennsylvania · Sep 21, 1993

Wey is HIV positive and suffers from Immune Thrombocytopenia (“ITP”), a disease which causes him to experience low platelet count. 5. … She also presented Wey’s blue medical card containing the appropriate Medical Assistance information and establishing that Wey was eligible for Medical Assistance. 44.