Case law

Brackbill v. Ruff

District Court, M.D. Pennsylvania · Mar 31, 2022

on Brackbill’s Section 1983 claims for false arrest, failure to intervene, and fabrication of evidence, the court will deny Defendants’ objections regarding qualified immunity for Defendants Ruff and Hill as moot. … There are limited exceptions to this broad grant of immunity, but the PSTCA states that employees do not qualify for immunity where their conduct amounts to “willful misconduct.” 42 PA. CONS. STAT. § 8550.

DeVyver v. Warden, US Penitentiary

388 F. Supp. 1213 · District Court, M.D. Pennsylvania · Dec 23, 1974

INSTITUTIONAL PROGRESS Goals: Summarize goals established, goals completed and progress towards remaining goals. … A party is entitled to appear in person or by or with counsel or other duly qualified representative in an agency proceeding.

Kaufman v. McCrory Stores Division of McCrory Corp.

613 F. Supp. 1179 · District Court, M.D. Pennsylvania · Jul 25, 1985

In Pennsylvania, qualified individuals are eligible for the “office of notary public,” The Notary Public Law, Act of August 21, 1953, P.L. 1323, § 3, as amended, 57 P.S. § 149 (Purdon Supp.1985). … The complaint clearly reveals *1182 that Bowes was hired in her capacity as a privately employed stenographer to record the testimony of the two deponents.

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

Hollinghead v. City of York

912 F. Supp. 2d 209 · District Court, M.D. Pennsylvania · Dec 12, 2012

Granted In addition, Monacacy argues that it is immune from Section 1983 liability in that it is a private company and not a state actor acting under color of state law. (Doc. 15, pp. 12-13.) … Quite the contrary: Under Pennsylvania law, a master-servant relationship is established [only] if the employer had' the power to control and direct the conduct of the employee.

Hohensee v. Goon Squad

171 F. Supp. 562 · District Court, M.D. Pennsylvania · Mar 19, 1959

Lacking diversity the plaintiffs must look to a federal statute or the Constitution to establish jurisdiction. … Clearly, the complaint fails to state a claim against any of the defendants upon which relief can be granted.

Jana K. ex rel. Tim K. v. Annville-Cleona School District

39 F. Supp. 3d 584 · District Court, M.D. Pennsylvania · Aug 18, 2014

It is well established that the District was aware of the same, and held meetings with the Parent ... to discuss these problems. (Doc. 6-2, p. 13 of 17.) … Effective supports were clearly not provided.

Woods v. Harry

District Court, M.D. Pennsylvania · Feb 28, 2025

The officers who assaulted him in the vestibule clearly knew that he was a convicted child sex offender, with his crimes involving his daughters. … PA 2010)69 for their sovereign immunity defense is misplaced.

Peiffer v. Lebanon School District

673 F. Supp. 147 · District Court, M.D. Pennsylvania · Nov 9, 1987

Instead, the state/employer must “immunize” the employee; i.e., not make the answers available for subsequent state criminal prosecution. … Although state law established the plaintiffs presumed property right, minimum due process standards are a matter of federal law. Pedersen v.

Todd v. Disability Rights Pennsylvania

District Court, M.D. Pennsylvania · Sep 4, 2025

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 not waived … its immunity.

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.

Scott v. Blossburg Borough

District Court, M.D. Pennsylvania · Nov 10, 2022

The second element of a prima facie case, which requires the disabled person to establish that he is qualified to perform the essential functions of the job, without or without accommodations, has been met by Scott in … It is well settled that a municipality is immune from punitive damages. Newport v. Fact Concerts, 453 U.S. 247 (1981).

Allstate Insurance v. Leiter

306 F. Supp. 2d 488 · District Court, M.D. Pennsylvania · Feb 23, 2004

While the insured bears the burden of establishing coverage under an insurance policy, the insurer carries the burden of “establishing the applicability of an exclusion in an insurance contract.” Id. … Therefore, the three vehicles, like the Baretta, do not qualify as underinsured autos under the clear and unambiguous term of policy.

Stevenson v. Pennsylvania State Police

District Court, M.D. Pennsylvania · Jun 16, 2025

It is well settled that “minor or trivial actions that merely make an employee ‘unhappy’ are not sufficient to qualify as retaliation....” Mondzelewski v. … Regardless of the evidence a plaintiff relies on to establish causation, however, a plaintiff must also satisfy an initial gateway requirement by establishing that the defendant knew of the plaintiff's protected activity

Pennsylvania Dental Ass'n v. Medical Service Ass'n

574 F. Supp. 457 · District Court, M.D. Pennsylvania · Oct 28, 1983

Comanor are based upon facts not established in a manner provided for under Rule 56, said opinions may not be treated as establishing a material factual dispute where one would not otherwise exist. Dr. … In most of its numbered paragraphs, Blue Shield has set forth a clearly stated fact or set of facts.

Corsnitz v. Commonwealth of Pennsylvania, Department of Environmental Protection

District Court, M.D. Pennsylvania · Mar 26, 2024

Relying on the exception to sovereign immunity established in Ex Parte Young, Plaintiffs seek a declaration that the actions of DEP and its officials amounted to an unconstitutional trespass and taking of property and request … Plaintiffs’ claims for money damages are barred by sovereign immunity.

Lee v. Mason

District Court, M.D. Pennsylvania · Sep 27, 2024

established federal law. 28 U.S.C. § 2254(d). … Plaintiff does not clearly identify which Defendants he asserts this claim against.

Reifer v. Westport Insurance

943 F. Supp. 2d 506 · District Court, M.D. Pennsylvania · May 1, 2013

“When the state law is firmly established, there would seem to be even less reason for the parties to resort to the federal courts.” … Thus, although there is no parallel state court proceeding in this ease, that factor is not determinative, and in the Court’s view, the absence of a parallel state proceeding is clearly outweighed by the lack of any federal

United States v. Jordan

22 F.2d 702 · District Court, M.D. Pennsylvania · Oct 17, 1927

Jordan, is waived, and probable cause is established. … There was not even the qualified extradition which arises when one state within tho Union surrenders to another an alleged fugitive from its justice.

Wyatt v. Municipality of Commonwealth of Harrisburg

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

To put it plainly, considering that “[t]he immunity of judges for acts within the judicial role is . . . well established” in the common law, Pierson v. … [s],” their correspondence to in Wyatt | & // Plaintiff would only qualify as privileged under DC-ADM 803 if they applied for and obtained a control number from the DOC.