Case law

Wetzel

District Court, M.D. Pennsylvania · Sep 11, 2026

personal involvement, and are precluded by qualified immunity.19 The Court need only address the first two arguments because they are equally dispositive in this case. … So even when using Butler’s preferred accrual date (January 9, 2021) and applying the prisoner mailbox rule to establish the date the instant lawsuit was filed (May 19, 2023), Butler’s Section 1983 claims—including those

Ndaula v. Clinton County Correctional Facility

District Court, M.D. Pennsylvania · Dec 30, 2020

He suggests that Clinton County is liable for failing to employ and train qualified individuals to work at CCCF and by failing to “promulgate and enforce appropriate operating policies, procedures and protocols either … Claims Under the ADA In order to establish a violation of Title II of the ADA, a plaintiff must allege that: “(1) he is a qualified individual with a disability; (2) he was

Hoskins v. Kauffman

District Court, M.D. Pennsylvania · Apr 15, 2021

Finally, a third alternative form of relief is available to Hoskins via Governor Wolf’s temporary program to reprieve sentences of incarceration for those inmates who meet established criteria. … Whether Hoskins would qualify for such a reprieve is unknown.

T.H.E. Insurance v. Charles Boyer Children's Trust

455 F. Supp. 2d 284 · District Court, M.D. Pennsylvania · Oct 11, 2006

This accumulation of debris diverted the normal flow of water established for drainage purposes. … The causation language in the introduction to the earth movement exclusion is clearly intended to supplant the efficient proximate cause doctrine.

Gillow, Jr. v. The Pennsylvania Department of Transportaion

District Court, M.D. Pennsylvania · Jan 25, 2024

As a result of the amputation, Gillow asserts he is a qualified individual with a disability. (Doc. 1, ¶¶ 15-16). Gillow alleges he requested appropriate accommodations from PennDOT but was denied. (Doc. 1, ¶ 19). … or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

United States v. Pennsylvania

110 F. Supp. 3d 544 · District Court, M.D. Pennsylvania · May 21, 2015

Even if the employer meets that burden, however, the plaintiff may still succeed “by showing that alternative practices would have less discriminatory effects while ensuring that candidates are duly qualified.” N. … No. 92-261, § 2 (1972). 5 In addition, “the legislative history clearly indicates that the standards to be applied to [state employers] under the 1972 amendments are the same Title VII standards which were earlier made appli

Walton

District Court, M.D. Pennsylvania · Jul 7, 2026

Plaintiff, like all prisoners, is a qualified individual covered by the ADA and RA. Montanez, 154 F.4th at 146. … Finally, the Court considers whether Plaintiff pleaded sufficient facts to establish the final element.

Sikkelee v. AVCO Corp.

268 F. Supp. 3d 660 · District Court, M.D. Pennsylvania · Aug 3, 2017

You say unless the FDA would have clearly rejected a proposed change, they don’t get to claim impossibility preemption. … Just how, precisely, would a district court distinguish among proposals who were “clearly likely” to be denied and those that were not?

Castello v. Arbogast

District Court, M.D. Pennsylvania · May 12, 2025

If the non-moving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden at trial,” summary judgment is appropriate … immunity in an excessive force case, noting that the court of appeals erred by accepting a version of facts that was shown to be a “visible fiction” and admonishing that the lower court “should have viewed the facts

McAndrew v. Northumberland County

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

sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’”3 The United States Court of Appeals for the Third Circuit has instructed that “[u]nder the pleading regime established … Although Hoskin’s arguments concerning his lack of personal involvement in the constitutional violation and his entitlement to qualified immunity are not overly persuasive, he will nevertheless be dismissed with prejudice

Koretz v. Direct Building Supplies, LLC

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

To establish a prima facie case of disparate treatment under the ADA, a plaintiff must show that “[s]he is a disabled person within the meaning of the ADA; (2) [s]he is otherwise qualified to perform the essential functions … However, Renu asserts that the evidence clearly establishes that it had a legitimate, non-discriminatory reason for terminating Koretz’s employment— specifically, Koretz interacted with management in a disrespectful and

Rodriguez v. Immigration & Naturalization Service

97 F. Supp. 2d 637 · District Court, M.D. Pennsylvania · Jul 16, 1999

Alternatively, respondent contends that the petition should be dismissed for failure to state a claim because the decision to expel or exclude aliens is a fundamental sovereign political power which is largely immune from … See id. at 229, 234 (noting that habeas jurisdiction existed prior to and independently of § 106(a)(10) as established by case precedent).

Alford v. Baylor

District Court, M.D. Pennsylvania · Mar 10, 2023

actions caused the alleged constitutional deprivation.45 To the extent that Defendants assert that summary judgment should be granted “for the defendants,”46 or that they are entitled to qualified … immunity, they are free to properly assert such arguments through their own Rule 56 motion that complies with the Federal Rules of Civil Procedure and the Local Rules of Court.47 As it stands, Defendants are not the

Sallavanti v. Unum Life Insurance Co., of America

980 F. Supp. 2d 664 · District Court, M.D. Pennsylvania · Aug 23, 2013

Of course, the question of which doctor to believe is clearly a factual issue for trial, not for summary judgment. 4. The validity of Sallavanti’s subjective pain reports. As noted above, nearly all of Dr. … Unum denies that the radiological findings establish this. (Def.’s Response in Opp’n to Pl.’s Statement of Facts at ¶ 42.)

George v. Pennsylvania Turnpike Commission

District Court, M.D. Pennsylvania · Mar 31, 2021

In January 2016, George sat on a hiring panel that interviewed and recommended qualified candidates for employment with PTC. … Comm'n, 54 F.3d 1140, 1142–43 (3d Cir. 1995) (affirming district court’s finding that PTC is not an arm of the state for purposes of Eleventh Amendment immunity).

Twigg v. Varsity Brands Holding Co., Inc.

District Court, M.D. Pennsylvania · Mar 7, 2025

I note that Garware makes a separate challenge that Clark is not qualified to evaluate polyethylene materials. His professional experiences clearly encompass experience with these products. See Doc. 88, Ex. … Causation can be established through the general circumstances of the accident and Plaintiffs’ expert testimony.

FUTURE v. FERGESON

District Court, M.D. Pennsylvania · Jun 27, 2022

The “unreasonable application” inquiry requires the habeas court to “ask whether the state court’s application of clearly established federal law was objectively unreasonable.” … established federal law was also unreasonable.”

Giuli v. Youngblood

District Court, M.D. Pennsylvania · Jan 8, 2026

Shea is qualified to testify but his testimony will be limited in accordance with this Memorandum Opinion. ll. … Nevertheless, a “trial court should exclude evidence on a motion in limine only when the evidence is clearly inadmissible on all potential grounds.” Tartaglione, 228 F. Supp. 3d at 406.

Bohinski

District Court, M.D. Pennsylvania · Aug 7, 2026

“A federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously … offer such testimony, if such person(s) would have been available and willing to offer character testimony at trial, or if any such alleged evidence would have qualified

Gregory v. Commonwealth Of Pennsylvania

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

Harris, the United States Supreme Court “established a principle of abstention when federal adjudication would disrupt an ongoing state criminal                                                              … “Habeas relief is clearly quite limited: ‘The underlying purpose of proceedings under the ‘Great Writ’ of habeas corpus has traditionally been to ‘inquire into the legality of the detention, and the only judicial relief