Case law

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.’”

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.’”

PENNSYLVANIA STATE TROOPERS ASS'N v. Miller

621 F. Supp. 2d 246 · District Court, M.D. Pennsylvania · Sep 30, 2008

Clearly, PSP must maintain adequate coverage on all shifts to manage daily law enforcement tasks and sudden exigencies. … Fitness for Duty as a Business Necessity Clearly, ensuring members' fitness for duty is a business necessity vital to the operation of PSP.

Hartford Insurance v. John J.

848 F. Supp. 2d 506 · District Court, M.D. Pennsylvania · Jan 27, 2012

Conversely, Summy also detennined that where state law is “firmly established” federal jurisdiction would be similarly inappropriate as there “would seem to be even less reason for the parties to resort to the federal courts … Instead, jurisdiction over a declaratory action is warranted where a district court is faced with “federal statutory interpretation, the government’s choice of a federal forum, an issue of sovereign immunity, or inadequacy

In re TMI Litigation Cases Consolidated II

904 F. Supp. 379 · District Court, M.D. Pennsylvania · Feb 18, 1994

on its belief that the Commission was more qualified to determine what type of safety standards should be enacted in this complex area. … While the government in Silkwood contended that punitive damages, with their deterrent function, could conflict with any penalty scheme established by the federal regulations, the Court clearly rejected this line of argument

Merriman v. Oswald

District Court, M.D. Pennsylvania · Mar 18, 2021

Qualified Immunity The defendant has also interposed a defense of qualified immunity with respect to the plaintiff’s § 1983 claims. … is entitled to qualified immunity.

Dunkel v. Mt. Carbon/North Manheim Fire Co.

970 F. Supp. 2d 374 · District Court, M.D. Pennsylvania · Sep 9, 2013

To have a protected property interest in a benefit, “a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Specifically, Dunkel alleges that he will not qualify for the volunteer firefighter death benefit, receive life membership status nor utilize his training or the fire company’s social hall.

Sherk v. Lieback

909 F. Supp. 960 · District Court, M.D. Pennsylvania · Nov 22, 1995

immunity. … Moreover, as noted above, although defendants contended in their third motion for summary judgment, aimed at the remaining claim, that Lieback would have enjoyed qualified immunity, aside from any question of qualified immunity

Slaughter

District Court, M.D. Pennsylvania · Feb 6, 2026

However, Eleventh Amendment immunity is not absolute. … The first and second elements require a plaintiff to be a qualified individual with a disability.

Mauder v. Creamer

District Court, M.D. Pennsylvania · Feb 21, 2023

Sovereign Immunity and Qualified Immunity Next, Defendants assert that they have sovereign immunity from Plaintiff’s claims of negligence and intentional infliction of emotional distress under state … law and they are entitled to qualified immunity on the Eighth Amendment claim.

Shostack v. United States

679 F. Supp. 459 · District Court, M.D. Pennsylvania · Feb 2, 1988

The Swine Flu Act established a national program of immunization for a disease popularly known as swine flu. … The FTCA is a limited waiver of the sovereign immunity of the United States.

Stanco v. Sekelsky

District Court, M.D. Pennsylvania · Mar 20, 2023

Qualified Immunity The defendants have also interposed a defense of qualified immunity with respect to the plaintiff’s § 1983 claims against the individual … [s] that probable cause is present” is entitled to qualified immunity.

Krajkovich v. Blakely Borough

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

Officer Petrucci also raises a qualified immunity defense. Ferguson, for her part, invokes immunity under Pennsylvania law. … that right was “clearly established” at the time of the alleged violation.

York Bank & Trust Co. v. Federal Savings & Loan Insurance

663 F. Supp. 1100 · District Court, M.D. Pennsylvania · Jul 10, 1987

The two-tiered framework Congress has established for FSLIC (as for the FDIC) is clear and coherent. … Defendants also argue plaintiff’s action is barred by the doctrine of sovereign immunity.

Doe v. Williamsport Area School District

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

“Police officers, embodying the authority of the state, are liable under § 1983 when they violate someone’s constitutional rights, unless they are protected by qualified immunity.” Curley v. … To determine if an officer is qualifiedly immune a court must determine whether “the officer’s conduct violated a constitutional right” and whether “the right that was violated was clearly established.” Id.

Feno v. Oliver

District Court, M.D. Pennsylvania · Mar 14, 2023

MOVING DEFENDANTS ARE NOT ENTITLED TO SOVEREIGN IMMUNITY. … Therefore, the Court finds that Moving Defendants are not entitled to sovereign immunity as to Feno’s claim under Title II of the ADA.

CG v. Pennsylvania Department of Education

547 F. Supp. 2d 422 · District Court, M.D. Pennsylvania · Feb 25, 2008

DISCUSSION Having established that Plaintiffs have standing in this matter, the Court turns to Defendants’ remaining arguments. … Defendants initially argued that state sovereign immunity barred Plaintiffs’ ADA claims. Following the Third Circuit’s decision in Bowers v.

Williams v. Jersey Shore Area School District

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

The Court now turns to the Individual Defendants’ argument that they are entitled to qualified immunity because “there is absolutely no existing law which was clearly established . . . in the fall of 2021 that suggests … Individual Defendants are entitled to qualified immunity, the Court determines whether Plaintiffs have alleged a violation of a constitutional right and, if so, if that right was clearly established at the time of the

McCracken v. Fulton County

District Court, M.D. Pennsylvania · May 28, 2020

Qualified immunity protects a state actor who has committed a constitutional violation if the injured party’s rights were not “clearly established” when the individual acted. Pearson v. … It is clearly established in this circuit that custodial officials may be liable for deliberate indifference to a detainee’s known vulnerability to suicide.

Charter Risk Retention Group Insurance v. Rolka

796 F. Supp. 154 · District Court, M.D. Pennsylvania · Jun 11, 1992

The orders directed the companies to establish why they should not be required to obtain insurance coverage by an insurer licensed in Pennsylvania. … Rather, evidence of discrimination in the present case need only be established according to the meaning of the Act. 9 .