Case law

Millhouse v. Federal Bureau of Prisons

District Court, M.D. Pennsylvania · Jun 14, 2021

See Nyhuis v. Reno, 204 F.3d 65, 75-76 (3d Cir. 2000). Courts have typically required across-the-board exhaustion by inmates seeking to pursue claims in federal court. See id. … See Taylor v. Norris, 36 F. App’x 228, 229 (8th Cir. 2002); Abdul-Wadood v. Nathan, 91 F.3d 1023, 1024-25 (7th Cir. 1996); Sherrer v. Stephens, 50 F.3d 496, 497 (8th Cir.1994); Brown v.

Banks v. Lebanon Penn

District Court, M.D. Pennsylvania · Apr 14, 2020

(quoting Brown v. Muhlenberg Twp., 269 F.3d 205, 215 (3d Cir. 2001)). In this regard, the plaintiff must show “a failure or inadequacy amounting to deliberate indifference on the part of the municipality.” … Preiser v. Rodriguez, 411 U.S. 475, 484 (1973).

Ali v. Benning

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

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986) (emphasis in original); Brown v. Grabowski, 922 F.2d 1097, 1111 (3d Cir. 1990). … Anderson, 477 U.S. at 257; Brenner v.

Burgess v. Mason

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

See Brown v. Cuyler, 669 F.2d 155 (3d Cir. 1982); Zicarelli v. Gray, 543 F.2d 466 (3d Cir. 1976). Both the legal theory and the facts on which a federal claim rests must have been presented to the state courts. … See Picard, 404 U.S. at 277; Brown, 669 F.2d at 158-61.

Diaz v. Commonwealth of Pennsylvania

District Court, M.D. Pennsylvania · May 5, 2025

Pinholster, 563 U.S. 170, 185 (2011) (footnote omitted). 35 See 28 U.S.C. § 2254(e)(2). 36 Brown v. … Henderson v. Kibbe, 431 U.S. 145, 154 (1977).

Sage

District Court, M.D. Pennsylvania · Aug 24, 2026

MARIN, A# 095 054 207, Petitioner, CIVIL ACTION NO. 3:26-cv-01833 v. … Reyes Marin timely filed an appeal of that decision to the Board of Immigration Appeals, which remains pending. II.

United States v. Herrold

772 F. Supp. 1483 · District Court, M.D. Pennsylvania · Jul 23, 1991

On August 24, 1990, members of the Region IV Narcotics Strike Force based in State College, Pennsylvania and a confidential informant went to the vicinity of Herrold’s residence, a white trailer home with brown trim located … The Government relies on United States v. Carrion, 809 F.2d 1120 (5th Cir.1987), United States v. Mason, 661 F.2d 45 (5th Cir.1981) and United States v.

Pak

District Court, M.D. Pennsylvania · Mar 5, 2026

On January 27, 2026, Pak timely appealed the denial of her asylum claim and order of removal to the Board of Immigration Appeals (“BIA”). (Doc. 5, at 5). … shall become final upon: dismissal of an appeal by the Board of Immigration Appeals.”).

Ilboudo

District Court, M.D. Pennsylvania · Aug 4, 2026

Ilboudo timely filed an appeal of the bond decision to the Board of Immigration Appeals (“BIA”), which is pending. (Doc. 1, at 4). … Bracy v. Gramley, 520 U.S. 899, 904 (1997); Roe v. Oddo, No. 3:25-CV-128, 2025 WL 3030692, at * 17 (W.D. Pa. Oct. 30, 2025).

Waidlich v. Farmers Bank

149 F. Supp. 741 · District Court, M.D. Pennsylvania · Apr 1, 1957

Waidlich, was a member of the Board of Directors of the Farmers Bank of Mercers-burg, Pa. 11. … Pierce v.

Jain-Miecell v. United States

District Court, M.D. Pennsylvania · Jun 16, 2025

Dluhos v. Strasberg, 321 F.3d 365, 369 (3d Cir. 2003) (citing Higgins v. Beyer, 293 F.3d 683, 688 (3d Cir. 2002)). C. The Defendant’s Motion to Dismiss will be Granted. … v. Fed. Lab. Rels. Auth., 495 U.S. 641, 645 (1990) (internal quotation marks omitted).

Groulx v. Garman

District Court, M.D. Pennsylvania · Sep 18, 2020

Q: Was your client on board with this conversation you were having with him? A: Well, the word, on board — he was involved in it. He was [inaudible] with it. He was questioning it. … V.

Tayoun v. City of Pittston

39 F. Supp. 3d 572 · District Court, M.D. Pennsylvania · Aug 12, 2014

Board of Education, 391 U.S. 563 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 (1968), and consider whether “the employee spoke as a citizen on a matter of public concern.” Garcetti 547 U.S. at 418 , 126 S.Ct. 1951 . … Iadimarco v.

Eiswerth v. Lackawanna County Sheriff's Department

District Court, M.D. Pennsylvania · Feb 14, 2025

Oklahoma City v. Tuttle, 471 U.S. 808, 823–24 (1985); see also Brown v. … Berg v. Cty. of Allegheny, 219 F.3d 261, 276 (3d Cir. 2000) (quoting Bd. of Cty. Comm'rs of Bryan Cty. v. Brown, 520 U.S. 397, 404 (1997)).

DOE v. Pennsylvania Department of Corrections

District Court, M.D. Pennsylvania · Nov 1, 2019

See Sterling v Borough of Minersville, 232 F3d 190, 196 (3d Cir 2000). 15 Powell v Schriver, 175 F3d 107, 111 (2d Cir 1999). … See also Whitaker v Kenosha Unified School District No 1 Board of Education, 858 F3d 1034, 1051 (7th Cir 2017) (“There is no denying that transgender individuals face discrimination, harassment, and violence because of

Williams v. Wetzel

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

Brown v. Santiago, No. 3:17-cv-1427 (MPS), 2017 WL 6624008, at *3 (D. Conn. … See Greenholtz v. Inmates of Neb. Penal & Corr. Complex, 442 U.S. 1, 10-11 (1979). However, “the mere grant of parole by a state parole board does not vest a prisoner with a protected liberty interest.” Capozzi v.

United States v. Alcan Aluminum Corp.

892 F. Supp. 648 · District Court, M.D. Pennsylvania · Jun 28, 1995

Paramus Board of Education, 25 F.3d 194, 197 (3rd Cir.), cert. denied, — U.S. -, 115 S.Ct. 590 , 130 L.Ed.2d 503 (1994). … Accord, Redwing Carriers, Inc. v.

Palmer v. York County Pennsylvania

District Court, M.D. Pennsylvania · Feb 25, 2022

Kresefky v. Panasonic Commc’ns and Sys. Co., 169 F.R.D. 54, 64 (D.N.J. 1996); see also Hasbrouck v. BankAmerica Hous. … Hoke’s affidavit, that disclosure of the report could deter staff from future participation in such evaluations, and the prison board from engaging in future voluntary self-evaluations.

Cummings v. McGinley

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

When objections are timely filed to the report and recommendation of a magistrate judge, the district court must review de novo those portions of the report to which objections are made. 28 U.S.C. 636(b)(1); Brown … v.

Walker v. Merritt-Scully

District Court, M.D. Pennsylvania · Dec 6, 2022

See Brown v. Borough of Chambersburg, 903 F.2d 274, 278 (3d Cir. 1990) (“[A]s long as a physician exercises professional judgment his behavior will not violate a prisoner's constitutional rights.”); Pearson v. … See Schmigel v.