Case law

Easley v. Rowe

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

To establish a Section 1983 claim, a plaintiff must establish that the defendants, acting under color of state law, deprived the plaintiff of a right secured by the United States Constitution. … In some cases, causation can be established “from the evidence gleaned from the record as a whole.” .

Reed v. Mount Carmel Area School District

District Court, M.D. Pennsylvania · Oct 3, 2023

sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’”9 The United States Court of Appeals for the Third Circuit has instructed that “[u]nder the pleading regime established … implications that can alter the literal meaning of individual terms.”78 Rather than asking whether the Mount Carmel football captains had “direct contact” with Reed, the more precise inquiry is whether the captains qualify

Evans v. Kaye

District Court, M.D. Pennsylvania · Nov 19, 2021

causation between his protected conduct and Snyder’s alleged retaliation.99 Defendants also argue that Snyder is entitled to qualified immunity.100 Plaintiff counters that Snyder’s actions were sufficiently adverse … support a retaliation claim.101 He does not address Defendants’ causation or qualified immunity arguments.

Jones v. Pittston Area School District

District Court, M.D. Pennsylvania · Aug 18, 2021

in a court's final policymaker analysis, the Supreme Court has provided: This is not to say that state law can answer the question for us by, for example, simply labeling as a state official an official who clearly … The Circuit Court's finding is consistent with Supreme Court's well-established approach to determining whether an individual qualifies as a final policymaker for purposes of Monell liability.

Hoffman v. Sterling Drug, Inc.

374 F. Supp. 850 · District Court, M.D. Pennsylvania · Apr 19, 1974

Liability has already been established. You need not concern yourselves further as to that issue. … Likewise, by strictly applying the term “qualified” the plaintiff fails to qualify as a Registered Architect.

Semerod v. Siko

District Court, M.D. Pennsylvania · Oct 2, 2024

Graham, 473 U.S. 159, 165-68 (1985)). 78 Because of Semerod’s concession, the Court does not address Defendants’ arguments that Semerod failed to plead personal involvement and that they are entitled to qualified immunity … Borough of Kutztown, 455 F.3d 225, 244 (3d Cir. 2006) (holding that qualified immunity is not a defense to claims for prospective injunctive relief). liability itself.

White v. Moses Taylor Hospital

763 F. Supp. 776 · District Court, M.D. Pennsylvania · Apr 9, 1991

Therefore, before plaintiff may obtain relief under Section 124.512, her eligibility must first be established. … The CWA established an extensive permit system designed to regulate the discharge of polluting effluents.

Sing Chou Chung v. Reno

886 F. Supp. 1172 · District Court, M.D. Pennsylvania · May 16, 1995

If aliens can establish the specific circumstances of their arrivals, their eases can be resolved on the facts. … The BIA concluded that these circumstances clearly demonstrate an intent to evade inspection. 6 .

Hickox v. Karabinos

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

First, they assert that they are shielded by qualified immunity because they were performing their job duties as trained, and conduct similar to theirs has been upheld by the Third Circuit Court of Appeals. … First, the record establishes that Hickox was never confined in the RHU during the time period at issue. (Doc. 21-6, at 3).

Lackawanna Refuse Removal, Inc. v. Proctor & Gamble Paper Products Co.

86 F.R.D. 330 · District Court, M.D. Pennsylvania · Jun 28, 1979

There may .have been more production in Pennsylvania than in any other state, but there was very little critical corporate performance to qualify it as the center of corporate affairs. … Plaintiff had been supplied with substantial and adequate documentation to prepare its case as the record developed at the trial would clearly demonstrate.

Builes v. Nye

239 F. Supp. 2d 518 · District Court, M.D. Pennsylvania · Jan 2, 2003

He also argues that the evidence of country conditions establish that Columbia had acquiesced in his murder. … As Petitioner notes, the first element is clearly satisfied. Builes has received threats on his life and the lives of his family from the drug-trafficking organization.

In Re Cargill Meat Solutions Wage & Hour Litigation

632 F. Supp. 2d 368 · District Court, M.D. Pennsylvania · Apr 10, 2008

the protective equipment qualifies as a “custom or practice” under the 2002 CBA and the 2007 CBA. … Plaintiffs for donning and doffing the protective equipment qualifies as a custom or practice under the 2002 CBA and the 2007 CBA.

Talbert v. Department of Corrections

District Court, M.D. Pennsylvania · Apr 22, 2022

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. … Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of

Black & Davison v. Chambersburg Area School District

District Court, M.D. Pennsylvania · Jul 13, 2020

On May 5, 2018, Defendants again filed a motion to dismiss for failure to state a claim, and added an argument that the individual Defendants are entitled to qualified immunity. (Doc. 25.) … Plaintiffs further argue that Defendants are not entitled to qualified immunity. (Id. at 41–43.) Lastly, they argue that the District is liable under 42 U.S.C. § 1983.

Moeller v. Bradford County

444 F. Supp. 2d 316 · District Court, M.D. Pennsylvania · Aug 10, 2006

Plaintiffs argue that it is clearly established that a claimant may bring suit for injunctive relief based on the Pennsylvania Constitution. … A Motion for Judgment on the Pleadings may not be granted “unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.”

Rinaldi v. United States of America

District Court, M.D. Pennsylvania · May 25, 2021

Ct. 1843 (2017), and whether defendants are entitled to qualified immunity even if a remedy is appropriate under Bivens.” (Doc. No. 62 at 2.) … immunity.

Leaks, Jr. v. Pennsylvania Department of Corrections

District Court, M.D. Pennsylvania · Jul 16, 2021

“Because the Commonwealth of Pennsylvania’s Department of Corrections is part of the executive department of the Commonwealth , . . . it shares in the Commonwealth’s Eleventh Amendment immunity.” Lavia v. Pa. … Moreover, the DOC does not qualify as a “person” amenable to suit pursuant to § 1983. See Pettaway v. SCI Albion, 487 F. App’x 766, 768 (3d Cir. 2012) (citing Will, 491 U.S. at 71).

New York, Susquehanna & Western Railroad v. Reading Co.

166 F. Supp. 646 · District Court, M.D. Pennsylvania · Oct 13, 1958

To establish that fact plaintiff relies primarily on the decision and findings of the Interstate Commerce Commission in Borough of Edgewater, N. J., et al. v. … We will expect the qualifying words to be eliminated from the tariffs, and it will be understood that our findings and order, when and as referring to the Susquehanna’s Edgewater Docks station, refer to that station as one

Miller v. Osauski

District Court, M.D. Pennsylvania · Jul 22, 2024

, or immunities secured by the Constitution or laws of the United States. … Here, Miller clearly knew of 2 The complaint is deemed filed on the date it was submitted to prison officials for mailing pursuant to the prisoner mailbox rule. Pabon v.

Keister v. PPL Corp.

253 F. Supp. 3d 760 · District Court, M.D. Pennsylvania · Oct 6, 2015

Quite the opposite, the record clearly demonstrates that the Union representatives with which Plaintiff interfaced provided him with helpful information, potential avenues to pursue his requests, and explicit advice as to … He was qualified for his position and continued to suffer adverse employment actions, including losing out on compensation he was rightly owed for the duties he was actually performing.”).