Case law

Owner Operator Indep. Drivers Ass'n, Inc. v. Pa. Tpk. Comm'n

383 F. Supp. 3d 353 · District Court, M.D. Pennsylvania · Apr 4, 2019

Secretary of Transportation to make federal funds available for certain limited types of state-tolled facilities," while Section 1012(a)(3) "established conditions that States were required to satisfy in order to qualify … In Cohen , after qualifying its use of Evansville , the district court ultimately concluded that under Evansville , the discount toll program did not violate the dormant Commerce Clause. Id. at 450 .

Padgett v. Stein

406 F. Supp. 287 · District Court, M.D. Pennsylvania · Dec 16, 1975

While this argument would be meritorious in the absence of the consent decree — it being a well-established principle that wrongdoing must amount to a deprivation of a right, privilege or immunity protected by the Constitution … In the first place we simply are not qualified to answer the many difficult medical, psychological, sociological, and correctional questions when it comes to choosing between one form of treatment and another.

United States Ex Rel. Paranich v. Sorgnard

286 F. Supp. 2d 445 · District Court, M.D. Pennsylvania · Oct 8, 2003

The Third Circuit has determined that a government investigation and report under FOIA qualifies as a public disclosure. Id. … Clearly, Irwin has established public disclosure of the alleged fraud.

Angstadt Ex Rel. Angstadt v. Midd-West School

182 F. Supp. 2d 435 · District Court, M.D. Pennsylvania · Feb 5, 2002

a clearly established right under the Pennsylvania Charter School Law allowing Megan, as a cyber school student, to play and practice interscholastic basketball for defendant, there is a serious question as to whether that … Plaintiffs’ failure to satisfy the first two requirements for a preliminary injunction clearly dictates that relief be denied.

Hinton v. Salamon

District Court, M.D. Pennsylvania · Sep 29, 2025

While there are precedential Third Circuit decisions clearly establishing when an inmate’s transfer can qualify as adverse action, see, e.g., Rauser v Horn, 241 F.3d 330, 333 (3d Cir. 2001) (indicating that inmate’s transfer … Delie, 257 F.3d 309, 312, 322 n.13 (3d Cir. 2001) (affirming district court’s sua sponte dismissal under Section 1915(e)(2)(B) due to qualified immunity); Torrey v. N.J. Dep’t of Law and Pub. Safety, Div. of Crim.

Oxenrider v. Lebanon County District Attorney

District Court, M.D. Pennsylvania · Apr 24, 2023

There are two kinds of immunity under § 1983: qualified immunity and absolute immunity. Id. at 135. … Although most public officials are entitled to only qualified immunity, public officials who perform ‘“special functions’” are entitled to absolute immunity. Id. (quoting Butz v.

Pocono Mountain Charter School v. Pocono Mountain School District

908 F. Supp. 2d 597 · District Court, M.D. Pennsylvania · Nov 8, 2012

Since the Charter School qualifies as a § 1983 “person,” the issue becomes whether it is “like a municipality, barred from bringing suit against its creator or charter-grantor.” … Goesling, 714 F.Supp.2d 1079, 1085-88 (D.Idaho 2010) (dismissing political subdivision's § 1983 claim for violation of the First Amendment Establishment Clause because the" plaintiff had no privileges or immunities it could

Howard v. Hollenbaugh

District Court, M.D. Pennsylvania · Feb 16, 2021

immunity. … of clearly established law.

Northeast Land Development, LLC v. City of Scranton

946 F. Supp. 2d 376 · District Court, M.D. Pennsylvania · May 21, 2013

and action must be ‘procedurally’ legislative, which requires that it be undertaken through established legislative procedures.” … The commission’s actions, directly aimed at the developers in that case, did “not establish that the amendment was not a bona fide legislative measure.” Id.

Pugh v. Laurel

District Court, M.D. Pennsylvania · Aug 5, 2025

As for the first exception to Eleventh Amendment immunity, Congress did not intend to abrogate Eleventh Amendment immunity by enacting Section 1983. See Quern v. … members established and maintained a policy, practice or custom which caused constitutional harm to Pugh.

Hohensee v. Grier

373 F. Supp. 1358 · District Court, M.D. Pennsylvania · Apr 11, 1974

Thelma Tompkins, Alma Arzoo, and Virginia Beadle were nominated and later qualified as executrices of the estate. … However, I do not read Publicker as establishing a hard and fast rule.

Hamilton v. Emerson Electric Co.

133 F. Supp. 2d 360 · District Court, M.D. Pennsylvania · Mar 8, 2001

The record does not clearly show the level of involvement Dr. … Wilcox’s qualifications are marginal at best, we find him to be qualified under the Third Circuit’s liberal standard for qualifying experts. Judging by his curriculum vitae, Dr.

Patra v. Pennsylvania State System of Higher Education

District Court, M.D. Pennsylvania · May 27, 2020

could find   68 Defendants argue that these evaluations should not constitute adverse actions, but, as the above facts show, these evaluations were clearly … Dist. of Philadelphia, 776 F.3d 181, 198 (3d Cir. 2015) (ten months did not qualify as an “unusually suggestive temporal proximity”); LeBoon v.

Heffner v. Murphy

590 F. Supp. 2d 710 · District Court, M.D. Pennsylvania · Dec 22, 2008

ARE DEFENDANTS IMMUNE FROM SUIT? … of the immunity doctrines.

Jamgotchian v. State Horse Racing Commission

269 F. Supp. 3d 604 · District Court, M.D. Pennsylvania · Aug 29, 2017

We therefore find that Plaintiffs have pled sufficient facts to establish standing. 2. … Under the prevailing view, therefore, Plaintiffs’ suit against the Commission itself is barred by *613 sovereign immunity.

Talley v. Supreme Court of Pennsylvania

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

However, the plaintiff fails to provide any facts establishing such allegations. … Title II of ADA “To establish a claim under Title II of the ADA, a plaintiff must show ‘(1) that he is a qualified individual; (2) with a disability; (3) who was excluded

Padula v. Clarks Summit State Hospital

District Court, M.D. Pennsylvania · Sep 27, 2021

Further, there has been no waiver of immunity in this case, and no exception to Eleventh Amendment immunity applies. See e.g. Newton v. Pa. State Police, 2020 WL 2572148 at *7-8 (W.D. Pa. … In order to establish a prima facie case of discrimination for the failure to accommodate under the ADA, a plaintiff must prove: (1) she is a disabled person within the meaning of the ADA; (2) she is otherwise qualified

Funston v. United States

513 F. Supp. 1000 · District Court, M.D. Pennsylvania · May 11, 1981

The Swine Flu Immunization Program was established, conducted, and supported by the Department of Health, Education and Welfare. (U) 8. … It is important to note that Kaczkowski established two separate principles of law.

Hall v. Wahl

District Court, M.D. Pennsylvania · Feb 7, 2025

Sixth, and finally, they assert that they are entitled to qualified immunity. (Id. at 14–15.) The Court addresses each argument in turn. 1. … Additionally, while the Court recognizes that Defendants argue in their motion to dismiss that they are entitled to qualified immunity (Doc. 14 at 14– 15), because Hall will have the opportunity to file an amended complaint

Horton v. Mills, Jr.

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

I shall accordingly limit my qualified immunity analysis to this issue.269 Qualified immunity shields officers from suit unless they “violated a statutory or constitutional right that was clearly established at the … .”271 “For qualified-immunity purposes, clearly established rights are derived either from binding Supreme Court and Third Circuit precedent or from a robust consensus of cases of persuasive authority in the Courts of