Case law

Classic Distributors, Inc. v. Zimmerman

387 F. Supp. 829 · District Court, M.D. Pennsylvania · Oct 18, 1974

The only exception to such immunity is acts of a judge while hearing a ease where “there is clearly no jurisdiction over the subject matter,” as distinguished from acts which “are in excess of [his] jurisdiction [.]” … A “state prosecuting attorney is immune from liability under the Civil Rights Act, unless his alleged actions are clearly outside the scope of his jurisdiction.” Kauffman v. Moss, 420 F.2d 1270, 1272 (3d Cir. 1970).

Dewald v. French

District Court, M.D. Pennsylvania · Dec 14, 2022

“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 assessing whether qualified immunity applies, the court engages in a two-part analysis: (1) whether the plaintiff sufficiently alleged a right had been violated; and (2) whether that right was clearly established when

Case v. United States Department of Agriculture

642 F. Supp. 341 · District Court, M.D. Pennsylvania · Sep 4, 1986

But diminution in value alone does not establish a taking. See Penn Central, supra; Keystone Bituminous, supra. … Because of our disposition above, we will not deal with the defense of qualified immunity or the claim of defendant, James O. Lee Jr., that he had no personal involvement with the action.

Murphy v. Fenton

464 F. Supp. 53 · District Court, M.D. Pennsylvania · Mar 7, 1979

However, although I believe that judgment for plaintiff on the latter claim is appropriate, I also, believe that in the situation presented here, see infra, the defendants, as a matter of law, given their qualified immunity … Defendants are entitled to a qualified immunity, i. e., the defense of good faith. See Butz v. Economou, et al., 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978).

Jeffery v. O'DONNELL

702 F. Supp. 516 · District Court, M.D. Pennsylvania · Aug 24, 1988

Except for their beliefs, they are not part of a commonly established religious sect. … Plaintiffs assert without challenge that discovery established the following: 1.

Bonham v. Boberesky

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

“Qualified immunity will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.” Leveto v. … And because Oiler does not advance any argument as to the clearly established prong of the qualified immunity analysis, I do not consider that unbriefed issue here.

HE Group, Inc. v. Borough of Middletown

District Court, M.D. Pennsylvania · Mar 3, 2021

The Motion to Dismiss on the Basis of Qualified Immunity Is Denied The court will next address Defendants’ argument that Geosits is entitled to qualified immunity. … 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

McMillan v. Lycoming County

District Court, M.D. Pennsylvania · Jan 26, 2024

With this conclusion in mind, it must be determined whether Caschera is entitled to qualified immunity. … Officials are granted qualified immunity “unless (1) they violated a federal statutory or constitution right and (2) the unlawfulness of their conduct was ‘clearly established at the time’” the violation occurred

Freedland v. Mattingly

District Court, M.D. Pennsylvania · Mar 17, 2021

Qualified Immunity Alternatively, Defendants Mattingly and Jenkins assert that they are entitled to qualified immunity. (Doc. No. 89 at 33-35.) … In support of their qualified immunity argument, Defendants assert that Defendant Mattingly’s alleged verbal harassment is insufficient to establish an Eighth Amendment claim. (Doc. No. 89 at 34-35.)

Sauers v. Borough of Nesquehoning

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

Homanko also filed a motion to dismiss the federal civil rights causes of action against him on the basis of qualified immunity. … Thus, judgment on the pleadings will be granted where the movant clearly establishes no material issue of fact and entitlement to judgment as a matter of law. Id.; see also Jablonski v. Pan Am.

Coit v. Fisher

District Court, M.D. Pennsylvania · Jul 24, 2020

Qualified Immunity As noted supra, Defendant Fisher asserts that he is entitled to qualified immunity. (Doc. No. 56 at 12-15.) … “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

Spriggs v. City of Harrisburg

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

Having concluded that Spriggs has adequately pleaded a claim for a clearly established constitutional violation, the court likewise concludes that Mayor Williams is not entitled to qualified immunity at this stage of the … proceedings given that she has not presented any other argument on qualified immunity.

Rodriguez v. National Freight, Inc.

5 F. Supp. 3d 725 · District Court, M.D. Pennsylvania · Mar 13, 2014

Defendants have a reasonable probability of establishing that these statements are defamatory because they tend “to harm the reputation of another as to lower him in the estimation of the community or to deter third persons … The potential for damage to Defendants’ reputation and good will is readily apparent, and such injury can qualify as irreparable harm. Kos Pharms., Inc. v.

Whyte v. Centre County Correctional Facility

District Court, M.D. Pennsylvania · Jul 15, 2021

They also assert they are entitled to qualified immunity because they “did not violate any clearly established statutory or constitutional rights of which a reasonable person would have known.” … “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

Rozniakowski

District Court, M.D. Pennsylvania · May 27, 2026

The Third Circuit has established that there are two ways to plead a “supervisory liability” claim. … That is sufficient at this stage to allege that Rozniakowski was a qualified individual with a disability.

Stone v. Disability Management Services, Inc.

288 F. Supp. 2d 684 · District Court, M.D. Pennsylvania · Oct 14, 2003

Established or Maintained by an Employer The Court must determine whether Stone Office established or maintained the plan. … The employer’s interest and term free monthly loans to its shareholders clearly amounts to a contribution to the plan.

Myers v. Wheeler

District Court, M.D. Pennsylvania · Sep 24, 2024

Qualified Immunity Lastly, as to Wheeler’s assertion that he is entitled to qualified immunity,86 courts “use a two-pronged analysis to evaluate qualified immunity claims … With regard to Myers’ selective enforcement claim, absent sufficient allegations, it cannot be determined whether qualified immunity is warranted.

Beers v. Northumberland County

District Court, M.D. Pennsylvania · Mar 10, 2023

Defendants argue that Beers fails to sufficiently allege a constitutional violation, therefore entitling them to qualified immunity to her individual-capacity section 1983 claim.13 Under the qualified … immunity doctrine, “government officials performing discretionary functions . . . are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Robertson v. Anglemeyer

District Court, M.D. Pennsylvania · Mar 2, 2022

The report also finds that defendants are not entitled to dismissal of the plaintiff’s claims for damages based on absolute immunity in their positions as probation officers since it is not clear if the defendants … However, the report finds that defendants are entitled to qualified immunity as to plaintiff’s claim for damages in their personal capacities since it concludes that the defendants did not violate clearly established

Hamilton v. Spriggle

965 F. Supp. 2d 550 · District Court, M.D. Pennsylvania · Aug 14, 2013

Nevertheless, the remaining Defendants also raise a qualified immunity defense. … and second whether that right was clearly established. 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).