Case law
Opinions from 1658 to today.
2,574 results
1.74s
District Court, M.D. Pennsylvania · Feb 6, 2026
Qualified Immunity The Police Defendants next contend that Officer Sanguinito is entitled to qualified immunity. Doc. 37 at 13. … Here, officer Sanguinito’s qualified immunity is clearly established on the face of the Second Amended Complaint because both prongs of the test weigh in favor of immunity.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Jun 11, 2020
whether qualified immunity applies. … recovery was not clearly established at the time of this case.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Mar 31, 2021
established right under the second prong of the -12- qualified immunity analysis. … established to defeat the application of qualified immunity.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Sep 28, 2023
The defendant also interposes an affirmative defense of qualified immunity. … A qualified immunity determination involves a two-pronged inquiry: (1) whether a constitutional or federal right has been violated; and (2) whether that right was “clearly established.” , 533 U.S.
Cited 0 timesUnknownYow v. Correctional Officer Robinson
District Court, M.D. Pennsylvania · Jun 11, 2021
We thus turn to whether the law was clearly established. This “qualified immunity analysis looks through the rearview window, not the windshield.” Williams v. … “Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined” in such a general way. Sheehan, 135 S. Ct. at 1776.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Mar 27, 2025
as their conduct does not violate clearly established statutory constitutional rights of which a reasonable person would have known.” … the right at issue was clearly established at the time of a defendant's alleged misconduct.”
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Jul 16, 2025
entitled to qualified immunity. … A government official is entitled to qualified immunity if the official’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Apr 4, 2024
Pizano further asserts that he is entitled to qualified immunity, arguing that the plaintiff cannot show that Pizano’s affiliation with the Commission violated any clearly established constitutional rights of the … To determine whether an official is entitled qualified immunity, a court must determine (1) whether the official violated a constitutional right, and (2) whether that right was clearly established.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Feb 2, 2023
A qualified immunity determination involves a two-pronged inquiry: (1) whether a constitutional or federal right has been violated; and (2) whether that right was “clearly established.” Saucier v. … justification, was clearly established at the time of the alleged violation, and therefore Trooper Masinick is not entitled to qualified immunity with respect to Hernandez’s § 1983 false arrest claim for monetary damages
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Mar 26, 2024
“The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … in order to determine whether the defendant’s conduct violated a clearly established constitutional or statutory right (citation omitted)); Thomas, 463 F.3d at 291 (stating that “qualified immunity will be upheld on
Cited 0 timesUnknownPennsylvania Environmental Council, Inc. v. Bartlett
315 F. Supp. 238 · District Court, M.D. Pennsylvania · Apr 30, 1970
It is argued by the contractors that since they are the instrumentalities of the Commonwealth in carrying out the road improvement of Route 872, they, too, are immune from suit under the doctrine of sovereign immunity. … Volpe, 302 F.Supp. 1083 n. 9 (S.D.N.Y.1969), I deem it unnecessary to determine the existence of jurisdiction under the latter Statutes since jurisdiction clearly exists under the Administrative Procedure Act and the Federal
Cited 62 timesPublishedDistrict Court, M.D. Pennsylvania · Dec 5, 2024
Id. at 285–86 (holding that “[b]ecause there is not a clearly established right to intervention to prevent a violation of the right to medical care, the Officers are entitled to qualified immunity as to [the plaintiff … Defendants Vangorder, Rupert, Quigley, and Napoleon do not specifically address the second prong of the qualified-immunity analysis, i.e., whether the right to medical care was clearly established.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Aug 28, 2026
Judgment will be granted if “the movant clearly establishes there are no material issues of fact, and he is entitled to judgment as a matter of law.” Sikirica v. Nationwide Ins. … Turning to the question of qualified immunity, the doctrine provides that government officials performing “discretionary functions,” are shielded from suit if their conduct did not violate a “clearly established
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Dec 12, 2025
Qualified immunity shields state and local officials where liability would otherwise attach unless they violate a right that was clearly established at the time the events transpired. Urda v. … Even if there were, they argue it is only clearly established that opening legal mail, not copying it, violates the First Amendment, and Warden Kormanic and Deputy Warden Gates would be entitled to qualified immunity.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Aug 29, 2024
The defendant bears the burden of | 13 | establishing that he is entitled to qualified immunity. Burns v. … Because the alleged constitutional right is not clearly established, the court agrees with the R&R that qualified immunity shields Defendant Rooney from liability.
Cited 0 timesUnknownCharles Picarella Jr. v. County of Northumberland, et al.
District Court, M.D. Pennsylvania · Jun 9, 2026
“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … A qualified immunity determination involves a two-pronged inquiry: (1) whether a constitutional or federal right has been violated; and (2) whether that right was “clearly established.” Saucier v.
Cited 0 timesUnknownPennsylvania, Department of Environmental Resources v. United States Postal Service
810 F. Supp. 605 · District Court, M.D. Pennsylvania · Dec 30, 1992
[the law] requires ‘the movant [to] clearly establish [] that no material issue of fact remains to be resolved and that he is entitled *608 to judgment as a matter of law.’ ” Id., quoting Jablonski v. … To establish Post Offices) 7 .
Cited 1 timesPublished487 F. Supp. 2d 543 · District Court, M.D. Pennsylvania · May 17, 2007
It is a well-established principle of law that judges are absolutely immune from suit for damages for conduct performed in the course of their official duties. Stump v. … Judge Kameen is clearly absolutely immune from Plaintiffs § 1983 claim, and he should be dismissed with respect to Plaintiffs § 1985(3) claim, as there is no proper conspiracy alleged.
Cited 41 timesPublishedChalhoub v. Commonwealth of Pennsylvania
District Court, M.D. Pennsylvania · Jul 3, 2024
The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … Olszar did not violate a clearly established right whict every reasonable officer would have known.
Cited 0 timesUnknown620 F. Supp. 2d 625 · District Court, M.D. Pennsylvania · May 18, 2009
to immunity. … Therefore, case law applicable to sovereign immunity would apply equally to governmental immunity to determine whether the exceptions apply. Walker v.
Cited 13 timesPublished
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