Case law

Rubino v. Lackawann County

District Court, M.D. Pennsylvania · Aug 10, 2022

Qualified Immunity Defendants assert that Dr. Zaloga is entitled to qualified immunity. (Doc. 51 at 14.) The Court concludes that Defendants have not made the requisite showing. In Rivas-Villegas v. … Ed. 2d 164, 2021 WL 4822662 (2021), the Court stated that “Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Parker v. City of Williamsport

406 F. Supp. 2d 534 · District Court, M.D. Pennsylvania · Dec 21, 2005

Although plaintiffs counsel has not clearly articulated how his client qualified for FMLA leave we believe that Parker would qualify for FMLA leave. … To establish a prima facie case under the ADA, Parker must demonstrate that he: (1) is disabled within the meaning of the ADA; (2) was qualified to perform the essential functions of his job, with or without accommodation

Sites v. Nationstar Mortgage LLC

646 F. Supp. 2d 699 · District Court, M.D. Pennsylvania · Jan 16, 2009

Two provisions in particular serve to shield furnishers of information from the threat of private suits: § 1681h(e), which provides qualified immunity from “proceeding^] in the nature of defamation, invasion of privacy, or … negligence,” id. § 1681h(e), and § 1681t(b), which provides qualified immunity from proceedings “under the laws of any State,” id. § 1681t(b).

Long v. Rogers

District Court, M.D. Pennsylvania · Jan 3, 2025

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 would have … Courts follow a two-pronged test to determine whether qualified immunity applies. Pearson, 555 U.S. at 232.

Thomas v. United States

558 F. Supp. 2d 553 · District Court, M.D. Pennsylvania · May 22, 2008

The FTCA constitutes a waiver of sovereign immunity in certain situations. The substantive state law where the tortious conduct occurs governs a FTCA claim. See Sosa v. … Plaintiff states that in his Motion for Counsel, he indicated that counsel could obtain depositions, affidavits, and records from the Community Hospital staff who treated him and that the doctors may qualify as expert witnesses

Tucker Industrial Liquid Coatings, Inc. v. Borough of East Berlin

85 F. Supp. 3d 803 · District Court, M.D. Pennsylvania · Jan 13, 2015

Lastly, we held that Defendants did not have qualified immunity because Tucker had shown the deprivation of a constitutional right, and the right was clearly established at the time of the purported violation. … Accordingly, Tucker’s equal protection allegation must fail. *813 Having found Tucker’s claim unmeritorious, we need not discuss whether Defendants are entitled to absolute or qualified immunity.

Smith v. Morgan

District Court, M.D. Pennsylvania · Jul 17, 2023

Finally, the claims against defendants Evans and Lower will be dismissed on the basis of qualified immunity. … “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly

Dorak v. Shapp

403 F. Supp. 863 · District Court, M.D. Pennsylvania · Nov 14, 1975

Clearly the State Plan for Programs on Aging is the product and device of state action; thus to state a good cause of action in the present case the complaint must allege facts showing that the structure and administration … person has a right to sue in district court founded directly upon a federal law within the meaning of the language in § 1983 of the Civil Rights statute and the jurisdictional section 1343(4), and the district court is clearly

Hazzouri v. West Pittston Borough

District Court, M.D. Pennsylvania · Nov 13, 2019

immunity grounds, and it appearing that the defendants fail to establish one of three major grounds needed for a proper motion for reconsideration, see Max’s Seafood Cafe, by Lou-Ann, Inc., v. … immunity issue (Doc. 69) is DENIED as MOOT.

Ward v. Enigk

District Court, M.D. Pennsylvania · May 5, 2022

It has likewise held that when a “complaint failed to disclose whether the defendants’ actions did not violate a clearly established constitutional right, dismissal on qualified immunity grounds was premature.” … [is] entitled to qualified immunity, as Ward’s Complaint asserts that... CO Haubert . . .

Harrell v. Grady

District Court, M.D. Pennsylvania · Feb 15, 2023

There are two kinds of immunity recognized in the context of § 1983: qualified immunity and absolute immunity. Id. at 135. … Conversely, qualified immunity applies to actions taken by probation and parole officers in their executive or administrative capacities, and then only if their conduct did not violate clearly established statutory or

Rothermel v. Dauphin County, Pennsylvania

District Court, M.D. Pennsylvania · Mar 26, 2020

The burden to establish qualified immunity rests with the defendant claiming its protection. Beers-Capitol v. … A court evaluating a claim of qualified immunity considers two distinct inquiries: whether, based on the record evidence, a constitutional right has been violated and, if so, whether that right was “clearly established”

Young v. Scott Township

District Court, M.D. Pennsylvania · Jun 26, 2020

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.79 The inquiry for … This Court looks to whether this right was clearly established as of that date.85 Here, the salient facts and circumstances are as follows.

L.H. v. Pittston Area School District

130 F. Supp. 3d 918 · District Court, M.D. Pennsylvania · Sep 10, 2015

The standard necessary to- establish an IIED claim has been set forth above. … These criteria have clearly not been satisfied in this case. As such, the Dead Man’s Act is inapplicable in this case and does not bar the consideration of Attorney Walsh’s report.

Hughes v. Herbster

District Court, M.D. Pennsylvania · Nov 3, 2023

Qualified Immunity Qualified immunity protects a state actor who has committed a constitutional violation if the plaintiff’s rights were not “clearly established” when the … A court evaluating a claim of qualified immunity considers a two-pronged inquiry: whether, based on the facts, a constitutional right has been violated and, if so, whether the right was “clearly established” at the time

Cruz

District Court, M.D. Pennsylvania · Jan 15, 2026

/d. 1 As noted above, defendants are entitled to sovereign immunity from the official capacity damages claims. 2 Although defendants’ argument might be charitably read as asserting qualified immunity with … An argument that defendants are entitled to qualified immunity from official capacity claims simply does not give a pro se litigant sufficient notice that qualified immunity with respect to individual capacity

White v. Dauphin County

District Court, M.D. Pennsylvania · Sep 29, 2023

Qualified Immunity Qualified immunity protects a state actor who has committed a constitutional violation if the plaintiff’s rights were not “clearly established” when the individual … Defendants bear the burden of establishing qualified immunity. See Beers– Capitol v. Whetzel, 256 F.3d 120, 142 n.15 (3d Cir. 2001).

Manivannan v. County of Centre, Pennsylvania

District Court, M.D. Pennsylvania · Jan 12, 2023

be dismissed because Officer Meyer and Attorney McGoron are entitled to qualified immunity. … Thus, for a qualified immunity defense, Thorpe is instructive, and we find that McGoron and Officer Meyer, are entitled to qualified immunity as it relates

Wrigley Pharmaceutical Co. v. Cameron

16 F.2d 290 · District Court, M.D. Pennsylvania · Dec 27, 1926

To give them more immunity than this is to give them more immunity than more tangible articles are given; they having no exemption from regulations the purpose of whieh is to prevent fraud or deception. … Do choses in action have a longer immunity?

Plaunt

District Court, M.D. Pennsylvania · Nov 18, 2025

The doctrine of qualified immunity shields governmental officials from civil liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person … reasonably understood that their actions transgressed clearly established law.