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  • Wolfe v. Rivello

    District Court, M.D. Pennsylvania · Oct 10, 2024

    A plaintif may make this showing by establishing that tie defendants “intentionally denfied] or delay[ed] medical care.” /d. (quotation marks omitted). … Wolfe’s complaint clearly alleges that “he was being monitored” and was provided medication for his ailments. (Doc. 1, p. 4).

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  • Battle v. Marchese

    District Court, M.D. Pennsylvania · May 27, 2025

    frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … Indeed, Plaintiff does not even clearly allege that he was treated differently than anyone, let alone differently than individuals similarly situated.

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  • Coma v. United States

    District Court, M.D. Pennsylvania · Aug 9, 2022

    Rule 26(b)(3) establishes two categories of protection: fact work product and opinion work product. … There is nothing in the record before us to indicate that McAllister is not available for deposition, a commonplace and well-established alternative discovery method clearly available to obtain the substantial

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  • Fudge v. Marsh

    District Court, M.D. Pennsylvania · Feb 18, 2022

    Territory 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 … [his] brief that [he] has not already pleaded,”40 however, even if I were to consider these new allegations, the copy of Plaintiff’s grievance appeals and responses,41 attached as exhibits to his brief in opposition, clearly

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  • Powell v. Fisher

    District Court, M.D. Pennsylvania · Apr 21, 2020

    The DOC objects to this conclusion arguing that the amended complaint clearly seeks monetary relief in the form of compensatory and punitive damages, as well as injunctive relief, which is now moot. … Sutton, even assuming that Powell has a qualifying disability under the ADA and RA, Powell has not identified a compensable injury.

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  • Still v. Hydro Extruders, LLC

    District Court, M.D. Pennsylvania · May 4, 2020

    he took time away from work for FMLA-qualifying reasons. … To prevail on his FMLA retaliation claim, it is the plaintiff’s burden to establish a prima facie case by showing that (1) he invoked a right to FMLA- qualifying leave, (2) subsequently suffered an adverse employment decision

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  • Mills v. Rogers

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

    Circumstantial evidence can establish subjective knowledge if it shows that the excessive risk was so obvious that the official must have known about it. See Beers- Capitol v. … Supp. 876, 882 (S.D.N.Y. 1991), as noted supra, Plaintiff’s amended complaint clearly alleges that Defendant Pujara transmitted the pathology report to SCI Mahanoy shortly following receipt of same. (Doc.

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  • McShane v. Morris

    District Court, M.D. Pennsylvania · Sep 2, 2021

    1983, a plaintiff must meet two threshold requirements: 1) that the alleged misconduct was committed by a person acting under color of state law; and 2) that as a result, she was deprived of rights, privileges, or immunities … Next, the plaintiff’s allegations clearly qualify as a complaint about the potential “irreparable” injury that the state court decisions and orders will cause.

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  • Williams v. Barr

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

    In recent months, COVID-19 has swept across the world and been declared a global health pandemic by the World Health Organization.11 “Because COVID-19 is caused by a novel form of the coronavirus, humans have no immunity … Here, that standard is clearly satisfied. The current conditions at York County do not undermine this conclusion.

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  • Stevenson v. Ellis

    District Court, M.D. Pennsylvania · Dec 22, 2023

    class; (2) he/she was qualified for the position; (3) he/she was subject to an adverse employment action despite being qualified; and (4) under circumstances that raise an inference of discriminatory action, … While Stevenson clearly alleges that he was written up because he refused to file a false report, this “adverse employment action” was perpetuated by a trooper other than Ellis. (Id. ¶ 26.)

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  • Cordero Ex Rel. Bates v. Pennsylvania Department of Education

    795 F. Supp. 1352 · District Court, M.D. Pennsylvania · Jun 23, 1992

    In the court’s view, Plaintiffs *1362 have established that Pennsylvania’s system of special education clearly violates the dictates of the IDEA. . … In September 1991, PDE established a monitoring procedure which currently is in place in only five school districts in the Commonwealth.

    Cited 14 timesPublished
  • Two v. NAPA Transportation, Inc.

    District Court, M.D. Pennsylvania · Sep 8, 2020

    Two Two has met his burden to establish a prima facie case. … The introduction to Two Two’s complaint also clearly indicates that the complaint raises only race discrimination claims.

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  • Whalley v. Blazick

    District Court, M.D. Pennsylvania · Feb 1, 2022

    As we have explained, the plaintiff’s burden to authenticate requires him to establish a “foundation from which the fact-finder could legitimately infer that the evidence is what the proponent claims it to be.” … Wiener’s testimony serves as testimony of a “qualified witness” to authenticate the record that was regularly kept in the course of business by DOC.

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  • Gordon v. United States

    District Court, M.D. Pennsylvania · Nov 8, 2019

    In support of his current motion, Gordon asserts that his convictions for Hobbs Act robbery do not qualify as crimes of violence under 18 U.S.C. … Here, Petitioner is clearly challenging his conviction and sentence. Thus, his proper avenue of relief is a section 2255 motion filed in the district court where he was convicted and sentenced.

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  • Weidman v. Colvin

    164 F. Supp. 3d 650 · District Court, M.D. Pennsylvania · Sep 30, 2015

    The plaintiffs behavior clearly demonstrates an ability to get along with others and interact effectively. 5 In addition, Dr. … She clearly doesn’t have it while I was examining and there is no clear stigmata of any neurological illness.

    Cited 75 timesPublished
  • POWELL v. MCKEOWN

    District Court, M.D. Pennsylvania · Jun 11, 2021

    The record before the Court on summary judgment, however, establishes that Plaintiff did not lose any pre-release and good time as a result of the disciplinary infraction. … immunity.

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  • Rosario v. Spaulding

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

    See Kurti, 2020 WL 2063871, at *3 (noting that the petitioner “has clearly failed to exhaust administrative remedies with respect to the time credit he requests”); see also Rominger v. … “If an inmate could accrue FSA credits by participating in any type of recidivism-reduction program or activity, the statutory language instructing the BOP to establish and implement an individualized risk and needs assessment

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  • Rosero v. Penhorwood

    District Court, M.D. Pennsylvania · Jun 6, 2025

    Whether probable cause existed is clearly a question of law and not fact. Plaintiff’s first, second, fifth, sixth and seventh requests all ask the Court to take notice of law and not facts. … Plaintiff responds that Defendants are not entitled to sovereign immunity because they were acting outside the scope of their employment. (Doc. 20, pp. 10-12).

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  • Delahoz v. Spaulding

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

    See Kurti, 2020 WL 2063871, at *3 (noting that the petitioner “has clearly failed to exhaust administrative remedies with respect to the time credit he requests”); see also Rominger v. … Moreover, Petitioner’s work history does not qualify as an EBRR or PA. (Id. at 10-14, 18.)

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  • McCammon

    District Court, M.D. Pennsylvania · May 15, 2019

    We need evidence from acceptable medical sources to establish whether you have a medically determinable impairment(s)”). … The ALJ also erred in determining that Plaintiff’s unsuccessful work attempt also qualified as past relevant work.

    Cited 0 timesUnknown

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