Case law

Jones v. Stubbs

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

Alleging a mere hypothesis that an individual defendant had personal knowledge or involvement in depriving the plaintiff of his rights is insufficient to establish personal involvement. Rode v. … If Jones decides to file an amended complaint, he must clearly label the document “Amended Complaint.” It must bear the docket number assigned to this case (Civ.

Belles v. Wilkes-Barre Area School District

District Court, M.D. Pennsylvania · Mar 3, 2020

To establish a prima facie case of such cause of action under the ADA, an employee must show that: (1) [he] is a qualified individual with a disability under … their entitlement to summary judgment, it does not reach their arguments concerning immunity.

Farmers Trust Co. v. United States

458 F. Supp. 94 · District Court, M.D. Pennsylvania · Sep 26, 1978

The will, executed on October 9, 1972, provided for the establishment of two trusts. … The other decision strongly relied on by the Defendant, Connecticut Bank, supra, is likewise clearly distinguishable.

Nazario v. Garland

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

“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” FDIC v. Meyer, 510 U.S. 471, 475 (1994). … Count I – Failure to Provide Reasonable Accommodation “To establish a prima facie case of discrimination under the Rehabilitation Act, a plaintiff must initially show, ‘(1) that he or she has a disability

United States v. Mariani

212 F. Supp. 2d 361 · District Court, M.D. Pennsylvania · May 24, 2002

As indicated above, the scale operators qualify as participants in the scheme. … Thus, the two level enhancement for more than minimal planning is clearly appropriate as to Del Serra. 19 .

Brown v. Monsalud

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

Based on these ailments, Brown claims to be a qualified individual with a disability under the terms of the ADA, 42 U.S.C. § 12131(2). … Upper Darby Township, 838 F.2d 663 (3d Cir. 1988) (Establishing vulnerability to suicide as a serious medical need); see also Palakovic, 854 F.3d at 224.

Wells v. Wetzel

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

Thus, under the Eleventh Amendment, absent express consent by the state in question or a clear and unequivocal waiver by Congress, states are immune from suit in federal court. … was locked in his cell for all but two hours per week, denied contact with his family, and prohibited him from visiting the library or “participating in any education, vocational, or other organization activities,” clearly

United States v. Callahan

17 F.2d 937 · District Court, M.D. Pennsylvania · Mar 4, 1927

They were qualified to state what they observed, from which the commissioner was required to find, and did find, probable cause to believe that intoxicating liquor was being manufactured upon the premises described in the … Ed. 757 ), Chief Justice Taft, in delivering the opinion, said: “The description of the building as a garage and for business purposes at 611 West Forty-Sixth street clearly indicated the whole building as the place intended

White v. Lycoming County Prison

District Court, M.D. Pennsylvania · Aug 24, 2022

He alleges in his responsive briefing that a Pennsylvania Board of Probation and Parole detainer was in place until April 4, 2020, and argues that this means he qualifies as “sentenced.” (Doc. 51, p. 13.) … Plaintiff will be granted leave to file an amended complaint, but he must clearly label the document as his fourth amended complaint and use the docket number assigned to this case.

Barry

District Court, M.D. Pennsylvania · Oct 22, 2025

“For example, exhaustion may be excused where it ‘would be futile, if the actions of the agency clearly and unambiguously violate statutory or constitutional rights, o if the administrative procedure is clearly shown … The record in this case clearly establishes that Barry’s unit team gave him individualized consideration consistent with the five factors of § 3621(b). (Doc. 7 5).

Soldridge, Jr. v. Ransom

District Court, M.D. Pennsylvania · Feb 3, 2022

He avers that Defendant Ransom denied his appeal even though Plaintiff “clearly pointed out the [staff’s] misconduct.” (Id.) … He also suggests that Defendant Ransom violated his rights by denying his appeal when Plaintiff “clearly pointed out the [staff’s] misconduct.” (Id.)

Des-Ogugua v. Pennsylvania Department of Community & Economic Development

641 F. Supp. 2d 360 · District Court, M.D. Pennsylvania · Jul 13, 2007

Basically, a pñma facie case is comprised of the following four elements: (1) the plaintiff belongs to the protected class; (2) the plaintiff was qualified; (3) the plaintiff was rejected or fired; and (4) after the rejection … The lack of dignity and respect for minority populations is the hallmark of discriminatory behavior, and the three issues cited by Plaintiff as indicators of a discriminatory animus clearly reveal a mindset of denying dignity

Serafin v. Celebrezze

250 F. Supp. 94 · District Court, M.D. Pennsylvania · Dec 30, 1965

He first became a door tender, then a laborer, and qualified as a miner in 1941. … After analyzing the evidence, the Examiner summed it up: “Although it is clearly established that the claimant has some impairment to his pulmonary capacity, it is equally clear that this impairment does not reduce him to

Gad v. Paver

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

Under the Eleventh Amendment, Commonwealth agencies like the DOC are immune from suit. (/d.). This immunity extends to individual defendants acting in their official capacities. … , may assert personal immunity defenses such as objectively reasonable reliance on existing law.

Krisa v. Equitable Life Assurance Society

196 F.R.D. 254 · District Court, M.D. Pennsylvania · May 31, 2000

Clearly, Equitable would not argue that a conflicting opinion expressed in a different case by the expert is immune from discovery. … The transmittal letters in question tend to establish the identification of documents that were made available to Equitable’s experts.

Doe v. Williamsport Area School District

District Court, M.D. Pennsylvania · Oct 19, 2023

Immunity from State Law Claims The Pennsylvania State Tort Claims Act (“PSTCA”) codifies the Commonwealth’s sovereign immunity, providing that “no local agency shall be liable … But even WASD’s preferred version of the facts establishes involuntary deviate sexual intercourse under Pennsylvania law.

Kilikpo v. Doll

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

systems, severe obesity, diabetes, or liver disease.17 Significantly, while pulmonary hypertension is listed as a serious heart condition that qualifies as such an underlying medical condition, that disorder is distinct … Here, that standard is clearly satisfied. The current conditions at York County do not undermine this conclusion.

Celsky v. Pennsylvania Higher Education Assistance Agency

District Court, M.D. Pennsylvania · Sep 10, 2020

Thus, he cannot establish that he was a “qualified individual” who could perform the essential functions of the Lead position with or without reasonable accommodation. B. … (6) Are there clearly established policies when seeking reassignment through the Pathways portal, such as filling out an application?

Fields v. Speaker of the Pennsylvania House of Representatives

251 F. Supp. 3d 772 · District Court, M.D. Pennsylvania · Apr 28, 2017

judgment on the “narrowest grounds.” 169 Certain cases defy orderly classification; thus, the narrowest grounds rubric applies only when “one opinion can be meaningfully regarded as ‘narrower’ than another,” 170 If no opinion qualifies … Defendants raise other justiciability concerns in their Rule 12(b)(6) briefing, to. wit: legislative immunity and the political question doctrine.

Phillips v. Kerestes

District Court, M.D. Pennsylvania · Aug 20, 2019

To establish a violation of Title II of the ADA, an inmate must allege that: (1) he is a qualified individual with a disability; (2) he was either excluded from participation in or denied the benefits of some public … While Phillips has alleged that he is a qualified individual with a mental disability, he has not established that he has been excluded from participation in or denied the benefits of some prison service, program or activity