Case law

Graphic Arts International Union, Local 97-B v. Haddon Craftsmen, Inc.

489 F. Supp. 1088 · District Court, M.D. Pennsylvania · Dec 14, 1979

However, the consideration of the Pollock award and the declaration that it is “clearly erroneous” are not grounds for impeaching the Stern award. See Washington Hospital v. … Since the first sentence did not purport to qualify or condition the exercise of bumping rights, it alone destroyed any residual right the Company enjoyed under Article XII of the Agreement 10 to honor the bumps of only qualified

STEVEN SHADLE v. PENNSYLVANIA STATE SYSTEM OF HIGHER EDUCATION, et al.

District Court, M.D. Pennsylvania · Nov 26, 2025

City of Phila., 989 F.2d 117, 122 (3d Cir. 1993)); id. at 738 (“Although it is more difficult to determine whether an applicant veteran qualifies for the preference under § 7104(a), that veteran, if qualified, is no less … Evans scored lower than he did in pre- interview reviews, further supporting an inference that they were similarly qualified, or even that Shadle was more qualified.108 On the second

Minnich v. Northeastern School District

District Court, M.D. Pennsylvania · Jan 26, 2021

“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 … determining whether the defendant’s conduct violated a clearly established constitutional right.”

Murdock v. Brown

District Court, M.D. Pennsylvania · Jul 19, 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 … (stating that, “[b]ecause there is a genuine issue of fact as to whether [defendant] was deliberately indifferent, [defendant] has not carried her burden to establish that she is entitled to [qualified] immunity”).

Hartman v. Gratz Borough

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

Specifically, Defendants argue that Hartman’s trespass claim did not establish requisite liability under the “common- enemy rule” for water run-off, and that Defendants are immune from suit under Pennsylvania law.3 (Id … As a local government agency, Gratz Borough qualifies for absolute immunity under the PSTCA. Cornell Narberth, LLC v. Borough of Narberth, 167 A.3d 228, 240 (Pa. Commw. Ct. 2017); see also DiMino by DiMino v.

Mickell v. Clerk of Courts

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

There are two kinds of immunity under § 1983: qualified immunity and absolute immunity. Id. at 135. … Courts use a functional approach to determine whether absolute or qualified immunity applies. Forrester v. White, 484 U.S. 219, 224 (1988).

Oke v. Garman

District Court, M.D. Pennsylvania · Jul 8, 2020

Qualified Immunity As noted supra, Defendants alternatively assert that they are entitled to qualified immunity from Plaintiff’s Eighth Amendment claims. (Doc. … “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

White v. Dauphin County

District Court, M.D. Pennsylvania · Jun 18, 2024

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).

In Re Grand Jury (Oo-2h)

211 F. Supp. 2d 564 · District Court, M.D. Pennsylvania · May 6, 2002

DISCUSSION The doctrine of attorney work product immunity “shelters the mental processes of the attorney, providing a priv *566 ileged area within which he can analyze and prepare his client’s case.” United States v. … It follows that “the work product privilege is a qualified one that can be overcome by a showing of good cause.” In re Grand Jury Investigation (Sun Co.), 599 F.2d 1224, 1231 (3d Cir.1979).

Thompson v. City of Williamsport

District Court, M.D. Pennsylvania · Apr 23, 2024

Thompson’s Federal claims also require him to rebut Bolt’s qualified immunity defense. … immunity defense and finding this violation to be clearly established)). 110 Rivera v.

Morgan v. Commonwealth of Pennsylvania

District Court, M.D. Pennsylvania · Nov 7, 2024

Even if Morgan’s briefings could be construed as raising this issue, Brown’s qualified immunity defense would have thwarted it regardless. … the right was ‘clearly established’ at the time of the challenged conduct.”106 “A Government official’s conduct violates clearly established law when, at the time of the challenged conduct, the contours of a right are

Travillion v. Pennsylvania Department of Corrections

District Court, M.D. Pennsylvania · Oct 13, 2023

“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 … established’ at the time of the challenged conduct.”140 The Court has “discretion to decide which of the two prongs of qualified-immunity analysis to tackle first.”141 “A Government official

Abney v. Basial

District Court, M.D. Pennsylvania · Jan 30, 2020

immunity; (5) Shoop violated Abney’s Eighth Amendment rights and is therefore not entitled to qualified immunity; and (6) there was sufficient contact between the Defendants to support a civil conspiracy claim. … Abney’s fifth objection argues that Basial is not entitled to qualified immunity. (Doc. 114 at 20–23.)

Northeastern Pennsylvania National Bank & Trust Co. v. United States

235 F. Supp. 941 · District Court, M.D. Pennsylvania · Sep 30, 1964

share and not a fixed amount as is present in this case. 2 Plaintiff disputes de *943 fendants reasons, asserting that the Trust provision establishing a set monthly payment to the surviving spouse did not prevent the property … non-qualifying part.

Fraser v. The Pennsylvania State University

District Court, M.D. Pennsylvania · Jul 7, 2023

in the Courts of Appeals.”165 And “[u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement … Rolls violated clearly established law,169 his Section 1983 claim against the professors is dismissed on qualified immunity grounds as well.170 3.

Cloverland—Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing Board

138 F. Supp. 2d 593 · District Court, M.D. Pennsylvania · Feb 2, 2001

Eleventh Amendment immunity Defendants also argue that the Board is immune from suit in federal court based upon the Eleventh Amendment. … However, the individual Defendant Board members are not immune from suit based upon the Eleventh Amendment.

Mitchell v. Eastman Kodak Co.

910 F. Supp. 1044 · District Court, M.D. Pennsylvania · Dec 14, 1995

Gantz to establish his medical condition. The date of the onset of disability is critical. Under the plan requirements, plaintiff qualifies for benefits only if he was disabled, as defined by the plan, on June 26, 1989. … To qualify for disability insurance payments, a claimant must establish that she is disabled within the meaning of the Social Security Act. 42 U.S.C. § 423 (a)(1)(D) (1988).

Dixon v. Pennsylvania Department of Corrections

District Court, M.D. Pennsylvania · Aug 11, 2022

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … A qualified immunity analysis involves two questions: whether the official violated a statutory 9 We note that in proper cases the court may consider the question of qualified immunity sua sponte. See Doe v.

Jones v. County of York

District Court, M.D. Pennsylvania · Jul 10, 2020

Finally, Defendants argue that Sunday is entitled to qualified immunity. (Id.) Jones disputes Defendants’ arguments, asserting that there are genuine issues of material facts as to each argument. … Qualified Immunity Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory

Cruz v. Federal Court

District Court, M.D. Pennsylvania · Jan 19, 2021

Judicial, Quasi-Judicial, and Qualified Immunities. … was clearly established at the time of the alleged violation.’”