Case law

Timmons v. Walters

District Court, M.D. Pennsylvania · Dec 18, 2023

Because qualified immunity is an affirmative defense, the defendants asserting qualified immunity have the burden of proof to show that they are entitled to qualified immunity. See Halsey v. … Defendants have not met their burden to establish the affirmative defense of qualified immunity.

Folk v. United States Of America

District Court, M.D. Pennsylvania · Jan 22, 2024

Qualified Immunity Analysis As the Court has determined that a Bivens cause of action is available for Folk’s Eighth Amendment claim, the question remains whether Defendants are entitled to qualified immunity. … right was ‘clearly established’ at the time of the challenged conduct.”

United States v. Owlett

15 F. Supp. 736 · District Court, M.D. Pennsylvania · Jul 7, 1936

. § 728 note), the President of the United States of America on May 6, 1935, established the Works Progress Administration by Executive Order No. 7034. 2. … The complete immunity of a federal agency from state interference is well established. Tennessee v. Davis, 100 U.S. 257 , 25 L.Ed. 648 ; Van Brocklin v.

Commonwealth Development Ass'n of Pa. v. United States

365 F. Supp. 792 · District Court, M.D. Pennsylvania · Sep 27, 1973

Accordingly, it is held that you do not qualify for exemption from Federal Income Tax as a social welfare organization as described in Sec. 501(c) (4) of the Code. … Whinston, District Director, Internal Revenue Service, as a defendant, it is clearly against the United States of America. 2 .

Bernardi v. City of Scranton

598 F. Supp. 26 · District Court, M.D. Pennsylvania · May 21, 1984

Clearly, strict compliance with this rule would have required Cawley to nominate the plaintiff and then the Commission to examine and certify him as qualified. … Clearly, the Local Agency Law does not create a property interest in continued employment. Rather, it protects interests conferred elsewhere.

Osagie v. Borough of State College

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

on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.”170 Defendants are entitled to summary judgment on qualified immunity grounds unless they … violated right which “was clearly established at the time of [their] actions.”171 To determine whether a right is clearly established, the Court engages in the legal fiction that police officers, armed with a subscription

DH v. Scranton School District

District Court, M.D. Pennsylvania · Mar 31, 2025

Defendants assert that Count II must be dismissed against the individual because they are entitled to qualified immunity. (Doc. 8, at 6-7). … The doctrine of qualified immunity shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Gorrio v. Briggs

District Court, M.D. Pennsylvania · Jul 31, 2025

for purposes of qualified immunity.” … “clearly established” right.

Rogers v. Cortes

426 F. Supp. 2d 232 · District Court, M.D. Pennsylvania · Apr 5, 2006

It is well established that there are legitimate reasons for states to treat minor and major party candidates differently from one another. … While this degree of confidence in the electorate is laudable, we believe that establishing a reasonable level of support for statewide candidates, rather than allowing for a de facto open ballot, is clearly the better practice

Virtue v. Square D Co.

887 F. Supp. 98 · District Court, M.D. Pennsylvania · Jun 1, 1995

That was clearly the province of the [defendant]. … It was not necessary for Square D to control Plaintiffs work for a significant time in order to establish an employment relationship.

T.M.

District Court, M.D. Pennsylvania · Dec 11, 2025

is whether the right was clearly established at the time of the state actions. … Nevertheless, this | immunity may be overcome when a public official violates clearly established | constitutional rights of which a reasonable person would have been aware. Id. at 818.

Pew v. Sherman

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

establish Defendants’ personal involvement, because Plaintiff cannot establish that they were deliberately indifferent, and because they are entitled to qualified immunity.54 I address Defendants’ summary judgment arguments … or that Defendants are entitled to qualified immunity.

Reed v. Chambersburg Area School District

951 F. Supp. 2d 706 · District Court, M.D. Pennsylvania · Jun 17, 2013

immunity. … Because the Court finds that Plaintiff has failed to state a claim under the Due Process Clause, the Court need not address Defendants McCollum and Padasak’s argument that they are entitled to qualified immunity.

Molitor v. City of Scranton

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

or constitutional right that was clearly established at the time of the challenged conduct.” … Katz, 533 U.S. 194 (2001) (for qualified immunity, courts will determine: (1) whether the plaintiff has shown facts that make out a constitutional rights violation, and if so, (2) whether those rights were “clearly established

Anheuser-Busch, Inc. v. Goodman

724 F. Supp. 345 · District Court, M.D. Pennsylvania · Nov 6, 1989

Clearly, the state law question is potentially dispositive of the constitutional issue. … XI. [2] We note that Pennsylvania has specifically retained its eleventh amendment immunity.

Gomez v. Cullen

District Court, M.D. Pennsylvania · Jun 7, 2021

Qualified Immunity Defendants Cullen and Parkyn argue, in the alternative, that they are entitled to qualified immunity because the record establishes that their conduct “was objectively … As such, Defendant Cullen is entitled to qualified immunity.

Horne v. Farrell

560 F. Supp. 219 · District Court, M.D. Pennsylvania · Jan 28, 1983

Once the primary definition is established the statute goes on to exclude certain types of persons from the definition. 15 U.S.C. 1692a(6)(A)-(G). … Farrell clearly does not fit within the definitions in parts 1 and 3. Farrell’s principal business purpose was not the collection of debts.

Plaunt v. Perry County Children and Youth Services

District Court, M.D. Pennsylvania · Jun 4, 2025

A CYS employee’s conduct may also be shielded by qualified immunity. … Qualified immunity shields officials from liability for civil damages brought pursuant to section 1983 “so long as their conduct does not violate clearly established statutory or constitutional rights

Singleton v. Beadle

District Court, M.D. Pennsylvania · Jul 23, 2019

“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.

Reid-Douglas v. Deparlos

District Court, M.D. Pennsylvania · Oct 17, 2019

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 … 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.