Case law

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

Sikkelee v. Precision Airmotive, Corp.

876 F. Supp. 2d 479 · District Court, M.D. Pennsylvania · Jul 3, 2012

Indeed, to hold otherwise would be to immunize Lycoming from liability arising from defects within its own design. … A review of the record and Plaintiffs submission clearly evidences that the Plaintiffs contention has continually been that the throttle body to bowl system incorporated in the carburetor renders the entire engine defective

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,

Perez v. Ransome

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

Additionally, the United States Court of Appeals for the Third Circuit has outlined a three-step process to determine whether a complaint meets the pleading standard established by Twombly and Iqbal. See Connelly v. … A covered person includes a qualified person who prescribed, administered, or dispensed such countermeasure. See id. § 247d- 6d(i)(2)(B).

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.

Houlihan v. East Side Landfill Authority

597 F. Supp. 596 · District Court, M.D. Pennsylvania · Mar 6, 1984

If the moving party establishes the absence of any material factual dispute the burden then shifts to the opposing party to prove the existence of such a dispute. … Plaintiff has submitted evidence by way of deposition testimony and reports from the DER which clearly indicate the Authority has not complied with the terms of the Act.

Goudy-Bachman v. United States Department of Health & Human Services

811 F. Supp. 2d 1086 · District Court, M.D. Pennsylvania · Sep 13, 2011

Neither currently qualifies for Medicaid and neither will qualify for Medicare before January 1, 2014, when the individual mandate takes effect. (Doc. 50 ¶ 8; see also Doc. 47-2 ¶ 4). … The Act establishes tax incentives intended to increase the offering of employer-based health insurance. See 26 U.S.C. § 45R.

Branch v. Department of Corrections

District Court, M.D. Pennsylvania · Jun 30, 2021

“To establish a claim under 42 U.S.C. § 1983, [a plaintiff] must demonstrate a violation of a right secured by the Constitution and the laws of the United States [and] that the alleged deprivation was committed by a person … It fails to name the defendant parties, fails to state the nature of his claim against each defendant, and fails to set forth in clearly worded factual allegations the basis for his claims.

Harper v. National Flood Insurers Ass'n

494 F. Supp. 234 · District Court, M.D. Pennsylvania · Jul 18, 1980

In the instant case, defendant’s omission of § 1441(a) can clearly be classified as a technical error or defective allegation. … No restriction is placed upon the type of remedies that may be sought in state courts and clearly, a breach of contract action has historically been a proper action in a state forum.

Miles v. Osborne

District Court, M.D. Pennsylvania · Apr 6, 2020

To establish a claim under § 1983, the plaintiff must establish a deprivation of a federally protected right and that this deprivation was committed by a person acting under color of state law. Woloszyn v. … Miles also fails to clearly allege how each defendant was personally involved.

Matchko v. Kost Tire Distributors, Inc.

District Court, M.D. Pennsylvania · Mar 29, 2021

To establish a prima facie case of age discrimination, a plaintiff must show that he: “(1) was a member of the protected class, i.e., was over 40, (2) was qualified for the position, (3) suffered an adverse … Avdel Corp., 873 F.2d 701, 707 (3d Cir. 1989) (“[t]hus, [plaintiff's] satisfactory performance of duties over a long period of time leading to a promotion clearly established his qualifications for the job

DeRaffele v. Jones

District Court, M.D. Pennsylvania · Mar 11, 2022

These claims are clearly barred by the doctrine of absolute judicial immunity. … “Like other forms of official immunity, judicial immunity is immunity from suit, not just from ultimate assessment of damages.” Mireles v. Waco, 502 U.S. 9, 11 (1991) (per curiam).

Rich

District Court, M.D. Pennsylvania · Jul 28, 2026

A prison medical defendant’s prior treatment of a plaintiff does not establish that defendant’s personal involvement in later care provided by other staff. , , , No. 2:23-CV- 1601, 2025 WL … Because Neidig is entitled to summary judgment on the merits, we need not address his arguments regarding qualified immunity. V.

Rhines v. Ball

District Court, M.D. Pennsylvania · Mar 9, 2021

The FTCA constitutes a statutory waiver of sovereign immunity for tort claims, Gotha v. … The undisputed evidence clearly shows that Rhines was being treated for his complaints.

Lomma v. Ohio Nat'l Life Assurance Corp.

283 F. Supp. 3d 240 · District Court, M.D. Pennsylvania · Sep 6, 2017

The suicide clause is tied clearly to the 'date of issue' which is the specific operative language. … immunity.

Long v. Doe 1

District Court, M.D. Pennsylvania · Jul 24, 2023

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. § 8521(b); Downey v. Pa. … Second, and more fundamentally, failure to respond to a grievance or a complaint does not establish a constitutional violation.

Hensley v. Pennsylvania Department of Corrections

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

It is well-established that the Commonwealth of Pennsylvania has not waived this immunity, see 42 Pa. Const. Stat. … However, Plaintiff’s complaint does not identify (or at least clearly identify) that he had a serious medical need.

Beers v. Northumberland County

District Court, M.D. Pennsylvania · Jul 27, 2023

In addition, as the Court concludes that Beers fails to adequately allege a constitutional violation, it need not address the individual Defendants’ qualified immunity defense. See Saucier v. … Katz, 533 U.S. 194, 201 (2001) (providing that one element of the qualified immunity defense is that the defendant violated a constitutional right). 39 To the extent that Beers sues Schiccatano, Klebon, and Best in their

Yearsley v. Scranton Housing Authority

487 F. Supp. 784 · District Court, M.D. Pennsylvania · Nov 8, 1979

Finally, this Court is satisfied that Yearsley will protect the interests of the class fairly and adequately. 5 Once a suit has qualified for general class action status, it still must be examined for classification under … Nevertheless, the plain language of the rule clearly demonstrates that the challenged S.H.A. policy contradicts the mandate of § 841.115(c).

Crumble v. United States of America

District Court, M.D. Pennsylvania · Sep 12, 2024

“The proponent of a stay bears the burden of establishing its need.” Clinton v. Jones, 520 U.S. 681, 708 (1997). … immunity.