Case law
Opinions from 1658 to today.
2,574 results
1.11s
41 F.2d 275 · District Court, M.D. Pennsylvania · May 22, 1930
No system of accounting could be established from that which the bankrupt did produce. … She was.better qualified to pass upon the credibility of witnesses and draw inferences from the testimony than the *277 reviewing court.
Cited 4 timesPublishedDistrict Court, M.D. Pennsylvania · Jul 23, 2024
Federal Rule of Civil Procedure 8 establishes the general rules of pleading. See Feb. R. Civ. P. 8. … to sovereign immunity.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Oct 30, 2025
“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 … Fortunately for Crawford, it is the defendant who bears the burden of establishing a qualified immunity defense. Stringer v. Cnty. of Bucks, 141 F.4th 76, 86 (3d Cir. 2025).
Cited 0 timesUnknown931 F. Supp. 364 · District Court, M.D. Pennsylvania · Jun 28, 1996
The district court agreed with defendants’ assertion of qualified immunity and granted summary judgment in their favor. That ruling was reversed on appeal to the United States Court of Appeals for the Tenth Circuit. … person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities
Cited 16 timesPublishedBuzzerd v. Flagship Carwash of Port St. Lucie, Inc.
669 F. Supp. 2d 514 · District Court, M.D. Pennsylvania · Oct 29, 2009
Meinschein is well qualified to testify about the maintenance and integrity of an automobile emissions system. … Plaintiffs’ reliance on Westley is clearly misplaced. Mr. Cocciardi devised and conducted his own testing protocol, but now essentially disavows the results of the testing.
Cited 4 timesPublishedMcGregor Architectural Iron Co. v. Merritt-Chapman & Scott Corp.
150 F. Supp. 323 · District Court, M.D. Pennsylvania · Apr 26, 1957
The MacEvoy case is clearly distinguishable. … It seems to me that plaintiff certainly qualifies under the wording of the MacEvoy case as one of “the relatively few subcontractors who perform part of the original contract” and who accordingly “represent in a sense the
Cited 15 timesPublishedDistrict Court, M.D. Pennsylvania · Mar 13, 2025
Eleventh Amendment immunity prevents Sheeler from suing the Department of Corrections as a matter of law. … ANN. tit. 71, § 61, it shares in the Commonwealth’s Eleventh Amendment immunity.” Lavia v. Pennsylvania Dep’t of Corr., 224 F.3d 190, 195 (3d Cir. 2000). Pennsylvania has not waived this immunity. 42 PA. CONS.
Cited 0 timesUnknownFagan v. Pennsylvania Railroad Company
173 F. Supp. 465 · District Court, M.D. Pennsylvania · May 15, 1959
law, policy and resolution of the Brotherhood as established at its National Conventions. … The complaint clearly discloses that this internal procedure has not been followed.
Cited 17 timesPublishedDistrict Court, M.D. Pennsylvania · Sep 23, 2025
Nowhere has Wiegand pointed to a waiver of sovereign immunity allowing him to challenge alleged violations of Army policy or executive orders. … As this court recently explained, a plaintiff’s desire to be transferred “does not conjure up vacant, funded roles for which [he] is qualified. . . .
Cited 0 timesUnknownRivera-Guadalupe v. City of Harrisburg d/b/a Bureau of Police
District Court, M.D. Pennsylvania · Jul 22, 2020
The Prosecutor Defendants move to dismiss Plaintiff’s federal claims based on absolute immunity and qualified immunity. Absolute and qualified immunity are affirmative defenses. … Therefore, the court can only grant a 12(b)(6) motion to dismiss based on immunity if the defenses “clearly appear on the face of the complaint.” Wilson v.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Dec 1, 2025
immunity—one of which is for negligent acts involving medical-professional liability.50 Plaintiff does not clearly state what exception he believes would allow an agency of the state like DOC to be sued … Additionally, DOC is clearly an agent of the state. See Brown, 2019 WL 2411749, at *4. 50 42 Pa.
Cited 0 timesUnknownCaldwell v. Luzerne County Corrections Facility Management Employees
732 F. Supp. 2d 458 · District Court, M.D. Pennsylvania · Aug 11, 2010
Nevertheless, it is well-settled that certain government officials possess immunity from § 1983 liability. Id. … Caldwell’s claims are clearly over a dissatisfaction with the results of treatment rather than a denial of treatment itself.
Cited 26 timesPublishedWoods v. Salisbury Behavioral Health, Inc.
3 F. Supp. 3d 238 · District Court, M.D. Pennsylvania · Mar 12, 2014
To establish a prima facie case of age discrimination, the plaintiff must demonstrate (1) she is over forty, (2) is qualified for the position in question, (3) suffered from an adverse employment action, and (4) the person … Thus, while the letter clearly indicated the plaintiffs dissatisfaction that the position was given to a less qualified individual, “that letter does not explicitly or implicitly allege that age was the reason for the alleged
Cited 5 timesPublished171 F. Supp. 169 · District Court, M.D. Pennsylvania · Feb 25, 1959
that he was convicted and sentenced on April 1, 1929, for possession and manufacturing of untaxed liquor, to confinement for two years and to pay a fine of $100 and costs. (4) On March 19, 1934, for frequenting a gambling establishment … Our Government should be afforded full opportunity for investigation of the moral character and fitness of an alien who seeks to be vested with all the rights, privileges and immunities of a natural born citizen of the United
Cited 2 timesPublished605 F. Supp. 2d 634 · District Court, M.D. Pennsylvania · Mar 30, 2009
Comm’n on Adult Entm’t Establishments, 369 F.3d 319 , 326 (3d Cir.2004). … Irreparable harm also exists because plaintiffs could not sue Skumanick if they were found not guilty after a prosecution, since he would be immune as prosecutor.
Cited 7 timesPublishedBurton v. Pennsylvania Department of Corrections
District Court, M.D. Pennsylvania · Sep 14, 2022
to state a claim under the Pennsylvania Constitution, and (6) qualified immunity. … statutory sovereign immunity.
Cited 0 timesUnknown22 F. Supp. 559 · District Court, M.D. Pennsylvania · Mar 12, 1938
Wilson testified at-the-trial that plaintiff “is suffering” from chronic tuberculosis; that “the exact date of onset I am not qualified to testify upon. … Tuberculosis, if established in 1920, would undoubtedly be the same process in his lungs that he has at the-present time.
Cited 1 timesPublishedDixon v. United States of America
District Court, M.D. Pennsylvania · Mar 23, 2020
immunity. … claims against Defendants Perdue, McKinney, and Simonson because they are entitled to qualified immunity.
Cited 0 timesUnknown665 F. Supp. 2d 487 · District Court, M.D. Pennsylvania · Oct 14, 2009
Failure to Establish that Plaintiff is Qualiñed Defendant argues that plaintiff has failed to show that she is qualified to perform the essential functions of the position. … Defendant also argues that “[t]he weight of authority in the Third Circuit, as well as other Circuits, clearly establishes that a leave of absence for an indefinite duration is not a reasonable accommodation.” (Id.
Cited 2 timesPublishedDistrict Court, M.D. Pennsylvania · Nov 2, 2022
immunity. … The court declines to adopt the recommendation regarding qualified immunity.
Cited 0 timesUnknown
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