Case law
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2.26s
District Court, M.D. Pennsylvania · Jun 3, 2021
immunity. … immunity.
Cited 0 timesUnknownLawrence v. Federal Bureau of Prison (and its Co-Defenders)
District Court, M.D. Pennsylvania · Mar 6, 2023
Moreover, his complaint is clearly setting forth a conditions-of- confinement claim under the Eighth Amendment’s prohibition against cruel and unusual punishments. … Any Eighth Amendment Bivens claim leveled against the BOP—an agency of the United States—is barred by sovereign immunity, as Congress has not carved out an exception to sovereign immunity for such claims.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · May 5, 2021
His entire claim is based on the following statement: “constitution of the state of New Columbia Article 1 Bill of Right Sec. 12—show something (as language) essential esp. to establishing my stay in prison is 1 Rule … However, when seeking to impose liability due to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, the appropriate remedy is a civil rights action.
Cited 0 timesUnknownWestport Insurance v. Black, Davis & Shue Agency, Inc.
513 F. Supp. 2d 157 · District Court, M.D. Pennsylvania · May 30, 2007
To succeed on a motion under Rule 12(c), “the movant [must] clearly establish [ ] that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” Hayes v. Cmty. Gen. … The court finds that the Frontier complaint clearly seeks damages beyond the return of premiums.
Cited 25 timesPublishedDistrict Court, M.D. Pennsylvania · Jun 9, 2025
. § 1915 and did not qualify for in forma pauperis status. (Id.) The motion also raised the issue of improper venue. (Id.) On May 28, 2024, Plaintiff filed a responsive briefing to the supplemental briefing. … However, Plaintiff has provided no evidence establishing the date he mailed the complaint to the court. Therefore, the court will treat the filing date as May 23, 2022.
Cited 0 timesUnknown926 F. Supp. 493 · District Court, M.D. Pennsylvania · Dec 21, 1995
Application The parties agree, and the court concurs, that Plaintiff has established a prima facie case. … While it is true that an employer’s pattern of hiring may be relevant to the issue of pretext, such relevance can only be determined in light of “the qualified applicant pool or the flow of qualified candidates over a relevant
Cited 1 timesPublishedMinnich Leh v. Northeastern School District
District Court, M.D. Pennsylvania · Jul 24, 2023
To establish a hostile work environment claim under the statutes, the plaintiff must prove that: “(1) she is a qualified individual with a disability under the ADA; (2) she was subject to unwelcome harassment; (3) the harassment … Sidle is entitled to high public official immunity against common law claims.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · May 27, 2026
Immunity As the Court of Appeals has found, “CYS defendants are entitled to absolute immunity for their actions on behalf of the state in preparing for, initiating … Here, the Plaintiffs’ Monell claim fails because, as the Court finds above, the Plaintiffs fail to establish their underlying constitutional claims.
Cited 0 timesUnknownLowe v. Board of Com'rs, County of Dauphin
750 F. Supp. 697 · District Court, M.D. Pennsylvania · Nov 13, 1990
The complaint clearly states that the searches were conducted under protest and hence without consent. … Alternatively, they argue that these counts fail to state claims upon which relief can be granted or that state law immunizes certain defendants from these claims.
Cited 2 timesPublishedJelen v. Lackawanna State Prison
District Court, M.D. Pennsylvania · Sep 26, 2019
App’x 723, 726-27 (3d Cir.2009) (temporary loss of visitation does not qualify as an atypical or significant hardship because “prisoners do not have constitutionally-protected interests in prison visitation”). … If Plaintiff decides to file an amended complaint, he is advised he must clearly designate on the face of the document that it is the “Amended Complaint,” it must bear the docket number assigned to this case, and it must
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · May 13, 2025
Local Rule 72.2 also sets forth a “clearly erroneous or contrary to law” standard of review. Id. | 2. … The magistrate judge considered well-established Pennsylvania law | regarding sovereign immunity in reaching his recommendation.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Feb 12, 2026
Assuming that Williams’ allegations qualify as a serious medical condition for purposes of the Eighth Amendment analysis, the court must determine whether he has established a deliberate indifference to that need. … Thus, Williams’ attempt to establish liability against defendant Ramirez based upon his response to a grievance is not sufficient to establish his personal involvement in an underlying civil rights violation.
Cited 0 timesUnknownRobert D. Mabe, Inc. v. OPTUMRX
District Court, M.D. Pennsylvania · May 28, 2021
- 18 - (d) Vaccines and immunizations other than influenza vaccines and influenza immunizations … (e) Vaccines and immunizations other than influenza vaccines and influenza immunizations may be administered to a person eighteen (18) years of age or older under a general written protocol
Cited 0 timesUnknownDistrict 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 timesUnknown730 F. Supp. 646 · District Court, M.D. Pennsylvania · Jan 5, 1990
Moreover, the Government argues, such a promise would surely have been included in the agreement since the parties obviously took great pains to specifically identify the areas in which immunity had been granted. … Johnson 467 U.S. 504, 509 , 104 S.Ct. 2543, 2547 , 81 L.Ed.2d 437 (1984) such a representation is clearly sufficient to establish that Hall’s guilty plea was not knowing and voluntary and to constitute a breach of the plea
Cited 47 timesPublishedDistrict Court, M.D. Pennsylvania · Sep 16, 2024
Javitz alleges that following that lawsuit, she applied for many positions of employment with Luzerne County for which she was not hired, despite being the most qualified applicant. … Only if conduct which is extreme or clearly outrageous is established will a claim be proven.” Fouad, 2020 WL 8254470, at *25; quoting Hoy v. Angelone, 554 Pa. 134, 720 A.2d 745, 753-54 (Pa. 1998).
Cited 0 timesUnknown211 F. Supp. 150 · District Court, M.D. Pennsylvania · Nov 29, 1962
The obvious weakness here in plaintiffs’ request is that the action taken by the Commission on February 8, and March 23, 1962, did not in either instance qualify as an order within the meaning of 28 U.S.C. § 1336 (I.C.C. … The general principles governing the exercise of state authority when interstate commerce is affected are well established. The power of Congress to regulate commerce among the several States is supreme and plenary.
Cited 10 timesPublishedDistrict Court, M.D. Pennsylvania · Nov 27, 2019
Applicable Legal Standard It is clearly established that in order to survive a motion to dismiss a claim under 42 U.S.C. § 1985(3), a plaintiff must allege: … However, the Court need not decide the matter as Defendant City is immune from liability under the PSTCA as a matter of law.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Mar 11, 2025
The Supreme Court qualified that holding, as did the Supreme Court in Parratt, by adding “intentional deprivations do not violate the [Due Process] Clause provided, of course, that adequate state post-deprivation … This immunity is not absolute.
Cited 0 timesUnknown400 F. Supp. 784 · District Court, M.D. Pennsylvania · Sep 16, 1975
The standard for evaluating the taint of post-illegal arrest verbal evidence was clearly established at the time of the trial of the present case, both in the federal courts and in the local Pennsylvania state courts. … Beto, 348 F.2d 823, 828 (5th Cir. 1965), qualified the weight to be accorded to it by also emphasizing that the mere passage of time could not serve to dissipate the taint, otherwise “. . . the police would be free simply
Cited 5 timesPublished
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