Case law

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  • Trethaway v. Pizano

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

    After consideration, we agree that Trethaway cannot establish liability against the Borough. … He contends that these positions were offered to less qualified officers who were not involved in the Association, and that he and other officers involved in the Union and Association were deliberately excluded

    Cited 0 timesUnknown
  • Heizman v. Dauphin County Prison

    District Court, M.D. Pennsylvania · Sep 23, 2021

    immunity. … Thus, a plaintiff must establish that a defendant is a “person” for the purposes of Section 1983 in order to bring a claim against that defendant. See Karns v. Shanahan, 879 F.3d 504, 519 (3d Cir. 2018).

    Cited 0 timesUnknown
  • United States v. Scoblick

    124 F. Supp. 881 · District Court, M.D. Pennsylvania · Oct 21, 1954

    This complaint is clearly without merit. … This is clearly without merit.

    Cited 8 timesPublished
  • Sheeler v. Cherry

    District Court, M.D. Pennsylvania · Jan 13, 2025

    Based on his opioid use disorder, Sheeler claims to be a qualified individual with a disability under the terms of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131(2). (Doc. 1, at 5). … The Court finds that these allegations are sufficient to establish personal involvement by these Defendants in the purported constitutional violations.

    Cited 0 timesUnknown
  • Trethaway v. Pizano

    District Court, M.D. Pennsylvania · Apr 4, 2024

    After consideration, we agree that Trethaway cannot establish liability against the Borough, but we find that he has pleaded sufficient facts at this stage to establish the individual defendants’ personal … He contends that these positions were offered to less qualified officers who were not involved in the Association, and that he and other officers involved in the Union and Association were deliberately excluded. ( . ¶¶

    Cited 0 timesUnknown
  • Carroll v. Commonwealth of Pennsylvania Department of Transportation

    District Court, M.D. Pennsylvania · Jul 24, 2024

    Therefore, a defendant who has conducted repairs, but does not have a possessory interest in the real property, does not qualify for the exception under the Statute of Repose. … The Commonwealth of Pennsylvania generally enjoys immunity from suit unless that immunity is waived under certain circumstances as described in the Pennsylvania Sovereign Immunity Act. See 42 Pa. C.S.A. §§ 8521–22.

    Cited 0 timesUnknown
  • Cascella v. United States of America

    District Court, M.D. Pennsylvania · Aug 30, 2022

    For the same reason, if Cascella is attempting to sue the BOP, that claim is likewise barred by sovereign immunity. See id. … Cascella will be given an opportunity to establish jurisdiction for his FTCA claims, as more fully explained above.

    Cited 0 timesUnknown
  • Wallace v. Hewitt

    428 F. Supp. 39 · District Court, M.D. Pennsylvania · Nov 12, 1976

    Clearly, § 1983 applies to plaintiff’s claim for damages notwithstanding that following exhaustion of judicial remedies, he could be entitled under habeas corpus to release from custody. See Wolff v. … In Thompson, compliance with the Agreement was established by the record; here, the lack of merit is established by the failure to plead any facts constituting a violation.

    Cited 15 timesPublished
  • Valles v. Ebbert

    District Court, M.D. Pennsylvania · Jul 31, 2019

    immunity. … immunity. 18

    Cited 0 timesUnknown
  • Lopez v. United States

    District Court, M.D. Pennsylvania · Jun 8, 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.

    Cited 0 timesUnknown
  • Kelly v. Bell

    District Court, M.D. Pennsylvania · Apr 28, 2023

    City of Minneapolis, 837 F.3d 827, 838 (8th Cir. 2016) (holding that because the police’s seizure of the plaintiff’s property was valid, he “has not presented a clearly established right preventing the destruction of … That defeats their claim to qualified IV.

    Cited 0 timesUnknown
  • Crown Central Petroleum Corp. v. Waldman

    486 F. Supp. 759 · District Court, M.D. Pennsylvania · Mar 21, 1980

    Waldman’s testimony would have established that, yes, that’s our theory N.T. pp. 96-97. … Crown has clearly alleged the potential injury that it would suffer if Waldman engages in any further unlawful restraints of trade. B.

    Reversed on other grounds by Crown Central Petroleum Corporation v. Waldman, Carl J., 634 F.2d 127 (1980)Cited 7 timesPublished
  • Donovan v. Blue Ridge Pressure Castings, Inc.

    543 F. Supp. 53 · District Court, M.D. Pennsylvania · Dec 1, 1981

    We need not consider the soundness of the Court’s ultimate holding in Plum Creek 5 since we find its factual setting clearly distinguishable from the case at hand. … Such a contention can be disposed of in short order since it is clearly without merit.

    Cited 3 timesPublished
  • Leaphart v. Campbell

    District Court, M.D. Pennsylvania · Apr 19, 2022

    Such immunity, . . . , may be lost in [only] one of two ways: (1) if the Commonwealth waived its immunity; or (2) if Congress abrogated the States' immunity pursuant to a valid exercise of its power. … the Commonwealth clearly has not waived its immunity.

    Cited 0 timesUnknown
  • Brown v. Perugino

    District Court, M.D. Pennsylvania · Jun 30, 2023

    and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity.” 1 Pa. … “Under Pennsylvania law, even unauthorized acts may be within the scope of employment ‘if they are clearly incidental to the master’s business.’ ” Brumfield, 232 F.3d at 381 (quoting Shuman Estate v.

    Cited 0 timesUnknown
  • United States v. Rose

    113 F. Supp. 775 · District Court, M.D. Pennsylvania · Jul 10, 1953

    Nessanbaum, 3 Cir., 205 F.2d 93 . “ * * * the rule * * * does not relate to the kind or amount of other evidence required to establish that fact.” Hammer v. … It would be difficult to infer that any other testimony would qualify or explain this positive and categorical answer.”

    Reversed on other grounds by United States v. Maurice Rose, 215 F.2d 617 (1954)Cited 4 timesPublished
  • Roman Ceramics Corp. v. Peoples National Bank

    517 F. Supp. 526 · District Court, M.D. Pennsylvania · Jun 30, 1981

    Roman was clearly attempting to alter the terms agreed upon at the meeting to suit his purposes. Mr. … Bower’s letter, however, does go toward establishing and confirming the content of the telephone conversation between the two men. 22 .

    Cited 5 timesPublished
  • King's College v. Travelers Insurance Company

    District Court, M.D. Pennsylvania · May 7, 2021

    The plaintiffs appealed, and the Third Circuit reversed in part, remanding the case back to this district with instructions to consider whether the remaining defendants are entitled to qualified immunity and whether … “actual prejudice” to establish estoppel.

    Cited 0 timesUnknown
  • Walker v. Smith

    District Court, M.D. Pennsylvania · Aug 28, 2024

    , or immunities secured by the Constitution or laws of the United States. … Thus, because defendants were clearly acting within the scope of their employment when they performed the actions that give rise to Walker's defamation and negligence claims, they are entitled to sovereign immunity

    Cited 0 timesUnknown
  • National Collegiate Athletic Ass'n v. Corbett

    25 F. Supp. 3d 557 · District Court, M.D. Pennsylvania · Jun 12, 2014

    The task force established that “[a]ll funds from the fine will follow the endowment guidelines established by the Child Sexual Abuse Endowment Task Force and flow to programs designed to prevent child sexual abuse or assist … Defendant Auditor General DePasq-uale’s argument that Colorado River abstention is warranted is limited to the following: “[i]n the present matter, there are clearly parallel ongoing cases pending.

    Cited 8 timesPublished

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