Case law

Stanton v. Paul

District Court, M.D. Pennsylvania · May 1, 2024

immunity. … immunity.

Rodgers v. Pennsylvania State Police

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

Public officials are entitled to qualified immunity unless their conduct violated a clearly established constitutional right. … was clearly established at the time of the alleged violation.

Kansky v. Luzerne County

District Court, M.D. Pennsylvania · Nov 2, 2023

against him in his individual capacity because he is entitled to qualified immunity. … “The doctrine of qualified immunity protects governmental officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

NBT Bank v. First National Community Bank

287 F. Supp. 2d 564 · District Court, M.D. Pennsylvania · Oct 17, 2003

Bank to convert a check into a “qualified returned check.” … Conversion of a check to a "qualified returned check” enables high speed processing of the check.

S.R. v. Pa. Dep't of Human Servs.

309 F. Supp. 3d 250 · District Court, M.D. Pennsylvania · Mar 23, 2018

Though the plaintiffs qualified for state assistance under the Medicaid Act, that assistance had not been forthcoming. Id. … "The answer, [the Court held], is a qualified yes." Id.

Gaiardo v. Ethyl Corp.

697 F. Supp. 1377 · District Court, M.D. Pennsylvania · Nov 26, 1986

Additionally none of the facts alleged by the plaintiffs establish a just cause provision. … Accordingly, we agree with the defendant and conclude that the plaintiffs have not established that defendant’s conduct meets the test of extremeness required to establish a cause of action for intentional infliction of emotional

Miller v. Little

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

immunity, arguing that the rejection of multiple court mailings in June and July 2021 predated Vogt, and thus did not “violate clearly established statutory or constitutional rights of which a reasonable person would … Oct. 4, 2022) (finding that an inmate’s right to receive notice of rejected mail was clearly established by Procunier in 1974).

Sever v. Henderson

381 F. Supp. 2d 405 · District Court, M.D. Pennsylvania · Aug 10, 2005

Plaintiff must show that he was “otherwise qualified” to maintain his employment with the Postal Service. Donahue, 224 F.3d at 229 . … Clearly, an employer could conclude that engaging in such egregious conduct would disqualify the employee from continued employment.

Todd

District Court, M.D. Pennsylvania · Oct 17, 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 … alleged retaliatory action, or (2) a pattern of antagonism couple with timing to establish a causal link.

Wallace v. Powell

288 F.R.D. 347 · District Court, M.D. Pennsylvania · Dec 14, 2012

Under the proposed Allocation Plan, both basic and enhanced benefits are available to qualifying Plaintiffs. 1. … None of these contentions establishes standing.

Doe v. County of Centre

60 F. Supp. 2d 417 · District Court, M.D. Pennsylvania · Aug 30, 1999

In other words, HIV infects and destroys those cells in the human body that support the body’s immune system. … Accordingly, the evidence thus far establishes that the Policy is objectively reasonable in accordance with Bragdon.

Fitzpatrick v. National Mobile Television

364 F. Supp. 2d 483 · District Court, M.D. Pennsylvania · Mar 30, 2005

A plaintiff can establish a prima facie case by showing that: (1) he was a member of a protected class, i.e., that he was over 40; (2) was qualified for the position; (3) suffered an adverse employment despite his qualifications … The court instead found that the proper inquiry is whether the plaintiff is objectively qualified to perform the job, stating, “[ojnce it concluded that [the plaintiff] was objectively qualified for the job,.the district

Wolfson v. Mutual Life Ins. Co. of New York

455 F. Supp. 82 · District Court, M.D. Pennsylvania · Apr 3, 1978

In considering whether to apply this rule, two factors give the court pause. *88 First, the disputed items of testimony that are hearsay would appear to clearly qualify for admission under the state of mind exception. … Defendant has offered documentary evidence . and . . . testimony . to establish bad faith.

Amp, Inc. v. Fujitsu Microelectronics, Inc.

853 F. Supp. 808 · District Court, M.D. Pennsylvania · Apr 25, 1994

some clearly perceptible form, such as drawings or model, with sufficient proof of identity in point of time. … We reach the same result with regard to the work-product immunity.

Powell v. Wetzel

District Court, M.D. Pennsylvania · Apr 21, 2020

punitive damages was barred by the Prison Litigation Reform Act (“PLRA”), and that Powell’s ADA and RA claims arising from his incarceration at SCI- Huntingdon were barred by qualified immunity and failed on the merits … SCI-Smithfield September 21, 2010, to Disciplinary custody for November 19, 2010 misconduct report. 2 The DOC subsequently withdrew its argument regarding qualified immunity

Drake v. United States of America

District Court, M.D. Pennsylvania · Sep 30, 2021

Additionally, “[a]lthough a plaintiff bears the burden of establishing that his claims fall within the scope of the FTCA’s waiver of the federal government’s sovereign immunity … the Government has the burden of proving … This is primarily due Drake’s failure to plead any form of qualifying close relationship with Kealoha as required by Sinn.

United States v. Mayer

22 F.2d 827 · District Court, M.D. Pennsylvania · Oct 17, 1927

The indictment clearly charges an offense against the laws of the United States. In United States v. Benjamin Fogel, John M. … There was not even the qualified extradition which arises when one state within the Union surrenders to another an alleged fugitive from its justice.

Styer v. Professional Medical Management, Inc.

114 F. Supp. 3d 234 · District Court, M.D. Pennsylvania · Jul 15, 2015

Section 1692f “sets out a nonexclusive list of conduct that qualifies as unfair or unconscionable.” Id. … The defendant moved for summary judgment “contending the account number qualified as ‘benign language’ that § 1692f(8) was not meant to prohibit.” Id.

Murray v. Jeld-Wen, Inc.

922 F. Supp. 2d 497 · District Court, M.D. Pennsylvania · Feb 6, 2013

Walter testified that decision occurred in late April or early May 2010, which is clearly in the first half of 2010. (Doc. … No. 66, ¶ 12). .Defendant qualifies this fact by stating that an individual in the Pottsville office handled any paperwork related to FMLA leave, and that, while Mr. Caine did not do so, Mr.

Ne. Pa. Freethought Soc'y v. Cnty. of Lackawanna Transit Sys.

327 F. Supp. 3d 767 · District Court, M.D. Pennsylvania · Jul 9, 2018

The *775 2013 Policy was written to "clarify" the 2011 Policy as COLTS understood it and to more clearly "set forth the types of advertisements it will and will not accept[.]" … Auth. , 148 F.3d 242 , 248 (3d Cir. 1998) (the court asks whether the government "clearly and deliberately opened its advertising space to the public.").