Case law

Williamson v. Wetzel

District Court, M.D. Pennsylvania · Nov 18, 2024

We reasoned that class certification was clearly inappropriate because pro se prisoners cannot represent the interests of other prisoners in a class action. (Doc. 19 at 4-5). … Allegations that defendants held supervisory roles in the DOC or SCI-Huntingdon are not by themselves sufficient to allege personal involvement, see id., and the amended complaint does not advance any other basis to establish

Pettis v. Everhart

District Court, M.D. Pennsylvania · Oct 29, 2020

The plaintiff’s official-capacity claims lack an arguable basis in law because they are barred by Eleventh Amendment immunity. See Pettaway v. SCI Albion, 487 Fed. … Finally, the plaintiff’s procedural due process claims are frivolous because it is clearly established that the Pennsylvania Department of Corrections grievance procedure provides an adequate post-deprivation

Reeder v. Sybron Transition Corp.

142 F.R.D. 607 · District Court, M.D. Pennsylvania · Aug 7, 1992

Notice given within the 120-day period allowed for service under the federal rules did not qualify if the statute of limitations had expired. Schiavone v. … Under the amended rule, plaintiffs filing of the amended complaint clearly dates back to the date of original filing.

Marfia v. Gettysburg Area School District

District Court, M.D. Pennsylvania · Dec 1, 2023

Owen has alleged sufficient facts to establish GASD had actual notice. … Here, GASD clearly exercised control over Marfia because he was an employee of the school district.

United States v. Kapp

487 F. Supp. 2d 536 · District Court, M.D. Pennsylvania · May 16, 2007

As such, Defendants argue that § 113(d) qualifies the registration requirements of § 113(a) to only prospective applicability until the Attorney General acted pursuant to § 113(d). … Feb. 7, 2007) (“The Court finds that this title clearly indicates that this subsection only applies to individuals who were unable to *542 initially register as a sex offender.”).

Gifford v. The City of Scranton

District Court, M.D. Pennsylvania · Aug 5, 2022

To establish a policy, a plaintiff must show that “a decisionmaker possess[ing] final authority to establish municipal policy with respect to the action issues a final proclamation, policy or edict.” … To qualify as constitutionally protected, the personal information must be subject to a reasonable expectation of privacy. Katz v. United States, 389 U.S. 347, 360 (1967).

Battle v. Marchese

District Court, M.D. Pennsylvania · Mar 11, 2025

Plaintiff believes that he should have been immune from charges and prosecution relating to the drug charges under the “Pennsylvania Response Immunity Act.”3 (Doc. 11, p. 6). … Thus, Plaintiff’s injuries were clearly discoverable during the limitations period as Plaintiff’s Amended Complaint pleads facts that, taken as true as Plaintiff urges, establish Plaintiff did in fact actually

Nagle v. Pottsville Area School District

District Court, M.D. Pennsylvania · Jun 16, 2025

-Con, Inc., 120 F.4th at 358 (“a ‘discriminatory classification is itself a penalty,’ and thus ‘qualifies as an actual injury for standing purposes’” (quoting Hassan v. … Defendants’ briefing also does not clearly address the rational basis component of the class of one theory.

Heath

District Court, M.D. Pennsylvania · Mar 2, 2026

“Granting a 12(c) motion results in a determination on the merits at an early stage in the litigation,” and thus, the movant is required “ ‘to clearly establish [ ] that no material issue of fact remains to be resolved … According to Commonwealth Defendants, they are immune from these claims under the doctrine of sovereign immunity because Pennsylvania has not waived sovereign immunity for state intentional torts.

Citizens for Pennsylvania's Future v. United States Department of the Interior

218 F.R.D. 441 · District Court, M.D. Pennsylvania · Aug 27, 2003

Documents such as those included in groups B-3, B-4, B-6, B-7, B-8, B-9, B-10, B-11, and B-13, which an agency employee creates and shares only with other agency employees or employees of another federal agency, are clearly … Unaddressed documents within an agency’s files qualify as intra-agency memoranda for purposes of Section 552(b)(5). Conoco Inc. v. U.S. Dept. of Justice, 687 F.2d 724, 728 (3d Cir.1982).

Harshman v. Superintendent

368 F. Supp. 3d 776 · District Court, M.D. Pennsylvania · Mar 26, 2019

Kohr with the state parole board, the record establishes that such an agreement was clearly disclosed." Id. at 10. … Because Harshman has demonstrated an unreasonable application of clearly established federal law, we must engage in a cumulative materiality analysis. See Panetti v.

Hawley v. Salamon

District Court, M.D. Pennsylvania · Jul 29, 2025

First, | Hawley fails to establish causation for most Defendants. … States may waive this immunity if they choose, | but Pennsylvania has explicitly not waived its immunity with respect to claims brought under Section 1983. See 42 PA. CONS. STAT. ANN. § 8521(b); Downey v. Pa.

Gayle v. United States

District Court, M.D. Pennsylvania · Mar 25, 2025

Third, Defendants argue that they are entitled to qualified immunity because Gayle failed to allege Simonson’s personal involvement in any constitutional violation and his allegations against the other Defendants consists … In addition, the plaintiff “carries the burden of proof to establish presentment of [their] claim to [the agency].” See Medina v. City of Phila., 219 F.

Clark III v. Harry

District Court, M.D. Pennsylvania · Sep 26, 2023

§1983, and the Department enjoys Eleventh Amendment immunity against suits for damages in federal court. … The Commonwealth has specifically, by statute, invoked its Eleventh Amendment immunity in 42 Pa.C.S.A. §8521(b).

McCain v. Schwab

District Court, M.D. Pennsylvania · Dec 10, 2019

As to the objective prong, the plaintiff must establish an objectively serious sexual contact. See id. at 478. … This allegation establishes that despite Ireland’s opportunity, she simply refused to intervene.

Brown v. Stoner

District Court, M.D. Pennsylvania · Jan 23, 2025

and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity. … As with the Fourteenth Amendment due process claim against Stoner in Count I, such claims here arise out of the same transaction or occurrence alleged in the original complaint, as the underlying allegations clearly concern

Buckner v. City of New York

District Court, M.D. Pennsylvania · Sep 17, 2024

Buckner does not clearly state the legal basis for her claims. See generally id. … The Eleventh Amendment provides immunity to the Commonwealth.

Zgymunt

District Court, M.D. Pennsylvania · Jun 10, 2026

Section 1983 “does not . . . create substantive rights; it provides only remedies for deprivations of rights established elsewhere in the Constitution or federal laws.” See Kneipp v. … Department of Social Services of the City of New York, 436 U.S. 658, 690 (1978), the United States Supreme Court established that municipalities and “[l]ocal governing bodies” qualify as “persons to whom § 1983 applies,

Heft v. AAI CORP.

355 F. Supp. 2d 757 · District Court, M.D. Pennsylvania · Jan 24, 2005

A copy of the order was provided to AAI Corporation, which determined that it was a “qualified domestic relations order” for purposes of ERISA. … . § 1056 (d)(3) (providing for assignment of benefits through “qualified domestic relations order”). 3 . See Metro. Life Ins. Co. v.

Ellsworth v. Carr-Consol. Biscuit Co.

90 F. Supp. 586 · District Court, M.D. Pennsylvania · May 12, 1950

The present directors and management of defendant Company will undoubtedly remain until their successors are duly elected and qualified. … The acts here complained of are clearly and definitely acts of a corporation relating to its internal management. In Rogers v.