Case law

Yanoski v. Silgan White Cap Americas, LLC

179 F. Supp. 3d 413 · District Court, M.D. Pennsylvania · Apr 27, 2016

render [him] otherwise qualified.” … Here, Defendant argues that (1) Plaintiff was not disabled within the meaning of the ADA, (2) he was not qualified to perform the essential functions of the job, and (3) Plaintiff failed to establish any failure to accommodate

Henareh v. Cullen

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

Malesko, 534 U.S. 61, 72 (2001) (“If a federal prisoner in a BOP facility alleges a constitutional deprivation, he may bring a Bivens claim against the offending individual officer, subject to the defense of qualified immunity … Assuming that Henareh’s allegations qualify as a serious medical condition for purposes of the Eighth Amendment analysis, the court must determine whether he has established a deliberate indifference to that need.

Kruise v. United States Department of the Army

District Court, M.D. Pennsylvania · Mar 28, 2023

It is well established that Congress has not waived this immunity for Bivens claims asserted against the United States or its agencies (i.e., the Army). See e.g. Wilson v. … Second, Plaintiff alleges that he is qualified to perform his job with or without reasonable accommodation.

Ramalingam v. Robert Packer Hospital/Guthrie Healthcare System Auxiliary

District Court, M.D. Pennsylvania · Aug 21, 2019

Ramalingam achieved a requisite score on a qualifying examination and demonstrated the necessary clinical skills for a PGY-4 as attested to by Dr. VanderMeer.2 Dr. … Ramalingam early qualifies as a professional review action must be decided by the jury.

BD v. Cornwall Lebanon School District

District Court, M.D. Pennsylvania · Apr 5, 2021

A plaintiff does not need to prove that the discrimination was intentional to establish liability. See id. at 262. … its governmental immunity”).

Presto v. Lowe

District Court, M.D. Pennsylvania · Aug 13, 2025

Thus, public defenders are absolutely immune from liability under Section 1983. See Walker v. Pennsylvania, 580 F. App’x 75, 78 (3d Cir. 2014) (quoting Black v. … Because Pike County Public Defenders do not qualify as state actors, they are immune from suit under Section 1983.

Bennett

District Court, M.D. Pennsylvania · Jan 29, 2026

Congress has not expressly abrogated this constitutional immunity with respect to federal civil rights lawsuits against the Pennsylvania State Police and the Commonwealth clearly has not waived its immunity. … Absent an express waiver of the immunity established by the Eleventh Amendment, all of these agencies, and their employees who are sued in their official capacities, are absolutely immune from lawsuits in

Todd

District Court, M.D. Pennsylvania · Oct 14, 2025

, or (2) a pattern of antagonism couple with timing to establish a causal link. … Congress has not expressly abrogated this constitutional immunity with respect to federal civil rights lawsuits against the Commonwealth of Pennsylvania, and the Commonwealth clearly has

Ford v. Bureau of Immigration & Customs Enforcement's Interim Field Office Director for Detention & Removal for the Philadelphia District

294 F. Supp. 2d 655 · District Court, M.D. Pennsylvania · Dec 5, 2003

Rather, the Board interpreted the established set of facts in such a way as to reach a different conclusion than the Immigration Judge. … Nevertheless, the *663 Attorney General set forth a comprehensive list of factors that clearly serve as a guide for lower immigration courts to follow.

Easley v. Tritt

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

Qualified Immunity “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory … Defendants assert that they are entitled to qualified immunity because “even if the Court would conclude a violation, they were not clearly established in law at the time of the alleged violations.” (Doc.

United Food & Commercial Workers Health & Welfare Fund v. Darwin Lynch Administrators, Inc.

781 F. Supp. 1067 · District Court, M.D. Pennsylvania · Sep 16, 1991

that, even if the 1988 Agreement did become effective, it was his understanding that the 1988 Agreement would not modify what was previously considered by the Trustees to be a covered benefit. 14 Although Slevin may be qualified … In fact, it is the plaintiffs who will be required to establish their case with evidence other than the testimony of Slevin.

Potoski v. Wilkes University

692 F. Supp. 2d 475 · District Court, M.D. Pennsylvania · Feb 12, 2010

The fact that Plaintiffs satisfactorily performed their jobs as Campus Security Officers is clearly sufficient to create a triable issue of fact on whether each was qualified for the PSO 1 position. … Instead, Wilkes advances the startling proposition that Plaintiffs are not qualified because interviewers concluded that the Plaintiffs who applied for PSO 1 jobs were deemed not the “most” qualified.

Maryland Casualty Co. v. City Delivery Service, Inc.

817 F. Supp. 525 · District Court, M.D. Pennsylvania · Feb 22, 1993

The quoted exclusion states that truckers lacking primary coverage do not qualify as insureds. … United Airlines, Inc., 416 Pa. 1 , 203 A.2d 796 (1964), Pennsylvania contract and insurance law clearly applies. 18 .

Brown

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

Accordingly, they are entitled to sovereign immunity. … “Motions to 24 strike are decided on the pleadings alone[ ] and should not be granted unless the relevant insufficiency is ‘clearly apparent.” Thomas v. Keystone Real Est.

Abrantes v. Commonwealth of Pennsylvania

District Court, M.D. Pennsylvania · Aug 28, 2024

against her where she is entitled to qualified immunity. … The court sees this as a violation that is “so obvious,” given the CPSL’s statutory scheme, as to make qualified immunity unavailable for the County Defendants. Hope v. Pelzer, 536 U.S. 730, 741 (2002).

Vandermark v. HOUSING AUTH. OF CITY OF YORK

492 F. Supp. 359 · District Court, M.D. Pennsylvania · Jun 23, 1980

HUD regulations establish, inter alia, two criteria which must be met for an applicant to be considered eligible for assistance under the program: the applicant must qualify as a family ( 24 C.F.R. § 812.1 , et seq. (1979 … This provision clearly indicates that income and family composition were not to be the only criteria used in determining eligibility for Section 8 housing.

Endrikat v. Lipko

District Court, M.D. Pennsylvania · Jan 31, 2025

immunity from Endrikat’s claim; and (4) that she is entitled to summary judgment to the extent Endrikat has sued her in her official capacity. … Having reached this conclusion, the Court will not address Riedel’s qualified immunity or official capacity arguments. V.

Ginn v. Kauffman

District Court, M.D. Pennsylvania · Apr 9, 2021

Ginn argues that due to his various medical conditions which have weakened his immune system, “[c]ontracting COVID 19 in prison would be a Death Penalty. [He] would not survive.” (Id., ¶ 11.) … Whether Ginn would qualify for such a reprieve is unknown.

Ghost Properties v. Borough of Starrucca

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

To qualify as discretionary conduct, the acts must “involv[e] an element of judgment or choice.” Gaubert, 499 U.S. at 322. … The complaint and documents considered by this Court fail to establish that NRCS was not permitted to exercise an element of judgment or choice. See Gaubert, 499 U.S. at 322.

Young v. Pleasant Valley School District

956 F. Supp. 2d 589 · District Court, M.D. Pennsylvania · Jul 9, 2013

The Court notes at this juncture that, although Judge Munley held that Smith was not entitled to summary judgment on qualified immunity grounds, teachers in a position analogous to Smith’s have been granted qualified immunity … The parties did not raise the issue of qualified immunity on this motion and the Court does not consider it. .