Case law

McQuaid v. Wetzel

District Court, M.D. Pennsylvania · Apr 22, 2025

Harry proceed, (Doc. 50, pp. 19- 24), and that qualified immunity not be applied at that stage, (Doc. 50, pp. 24-31). … RELEVANCE OF INFORMATION SOUGHT VIA DEPOSITION The Plaintiff has established the relevance of Dr.

Zamichieli v. Ficks

District Court, M.D. Pennsylvania · Jul 21, 2023

to override that immunity. … immunity via §1983[.]”

Blakeney

District Court, M.D. Pennsylvania · May 20, 2026

Nor do they establish that any Defendant's deliberate | indifference caused Blakeney’s harm. … Most notably, Blakeney | must clearly set forth the personal involvement of any defendant in the alleged | constitutional violation.

Klimczak v. Shoe Show Companies

420 F. Supp. 2d 376 · District Court, M.D. Pennsylvania · Nov 3, 2005

Consequently, Plaintiff appears to have been qualified for this position. … Consequently, Plaintiff appears to have been qualified for this position.

Pa. Prof'l Liab. Joint Underwriting Ass'n v. Wolf

324 F. Supp. 3d 519 · District Court, M.D. Pennsylvania · May 17, 2018

A political subdivision accordingly "has no privileges or immunities under the Federal Constitution which it may invoke in opposition to the will of its creator." Id. … The Third Circuit Court of Appeals has explicitly stated that "the Eleventh Amendment bar to an award of retroactive damages against the Commonwealth clearly establishes that any legal remedy is unavailable and that the only

Gantz v. PA Department of Corrections

District Court, M.D. Pennsylvania · May 13, 2020

However, the doctrine of sovereign immunity, established by the Eleventh Amendment, protects states, such as the Commonwealth of Pennsylvania, from suits by citizens. Pennhurst State School & Hosp. v. … Congress has not abrogated the immunity regarding Gantz’s claims, nor has Pennsylvania waived this grant of immunity. See 42 PA. CONS. STAT. ANN. § 8521(b).

Hickey v. Merritt-Scully

District Court, M.D. Pennsylvania · Mar 24, 2022

Merritt-Scully is not entitled to sovereign immunity. … As several of my colleagues have observed, “[t]he Pennsylvania courts have not uniformly decided whether prison health care administrators qualify as ‘health care personnel,’ so as to be exempted from sovereign immunity

Blount v. Smith

440 F. Supp. 528 · District Court, M.D. Pennsylvania · Nov 4, 1977

As a result of these convictions, Plaintiffs, although otherwise qualified, were declared ineligible to receive benefits for a period of one year pursuant to Section 402(g) of the Pennsylvania Unemployment Compensation Act … The legislature clearly has the power to enact eligibility standards, and the Unemployment Compensation system would be unworkable without such standards.

Oren v. Pennsylvania Department of Corrections

District Court, M.D. Pennsylvania · Mar 9, 2022

Indeed, as the plaintiff has conceded in his brief in opposition, it is well established that Monell liability is limited to municipalities, and state agencies such as the DOC are immune from § 1983 liability under … “[T]he mere fact that an official receives and reviews a letter or grievance appeal is insufficient to establish personal involvement (i.e., failure to respond or react does not establish that the official endorsed

Davis v. Wolf

District Court, M.D. Pennsylvania · May 18, 2020

As the complaint in its current form does not clearly set forth any claims against the Defendants, dismissal is warranted. … However, so as to preserve Davis’s rights as a pro se litigant, the Court will grant him leave to file an amended complaint setting forth any factual allegation and legal claims which qualify for § 1983 recourse.

Underwood v. Pennsylvania Board of Probation and Parole

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

has expressly abrogated Eleventh Amendment immunity by statute. … A parolee facing revocation of parole has a constitutional liberty interest in his freedom, despite its conditional and qualified nature. Morrissey v.

Hinton v. Houser

District Court, M.D. Pennsylvania · Sep 30, 2025

No. 19); (2) “Preliminary Objections to Strike Defendants [sic] Preliminary Objections and the Immunity Defense” in which he asserted that, inter alia, Defendants are not entitled to qualified immunity, his legal claims … Because the Court is granting summary judgment on the merits, the Court need not decide the issue of qualified immunity.

JEFFREY E. HERRERA v. MALACHY MANNION and PETER J. WELSH

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

Judicial officers have absolute immunity from suit with respect to the performance of their judicial duties and cannot be held liable for their judicial acts.41 That immunity is broad. … Of course, whether and when a judge acts on a pending motion is a quintessential judicial duty, and one for which Judge Mannion clearly has jurisdiction.

United States v. H & M, INC.

562 F. Supp. 651 · District Court, M.D. Pennsylvania · Mar 22, 1983

I would say you could qualify it as that. I tried to stay as neutral as I could and find out as much as I could. Q. … Bryan could not grant Snyder official immunity, he could effectively grant the equivalent of such immunity by containing his knowledge of Snyder's complicity.

McGinnis v. Corporation Funding & Finance Co.

8 F.2d 532 · District Court, M.D. Pennsylvania · Oct 19, 1925

The special master was clearly in error in allowing this claim. The other director’s claims objected to are the following: George B. Mauser, trustee (for codirectors), $6,955; George B. Mauser, $11,298.92; J. W. … established by the evidence.

Talbert v. Commonwealth Of Pennsylvania

District Court, M.D. Pennsylvania · Apr 22, 2022

To maintain such a claim, a plaintiff must establish that he has been irrationally singled out for disparate treatment. See id. … Here, Plaintiff is not a qualified person.

Thorn v. County of Monroe

586 F. Supp. 1085 · District Court, M.D. Pennsylvania · Feb 10, 1984

Specific obligations of Ducat, Inc. include, inter alia, provision, at Ducat Inc.’s expense, of a qualified administrator “to supervise and manage the day-to-day operations of the (home)”, subject to the approval of Pleasant … We find them insufficient to establish state action. Looking at the overall relationship of the parties, Burton v.

Talarico v. Skyjack, Inc.

191 F. Supp. 3d 394 · District Court, M.D. Pennsylvania · Jun 13, 2016

Wyeth, 624 Pa. 231, 242 , 85 A.3d 434 (2014), permits her allegations contained in paragraph 44(h) of her amended complaint since she “is clearly and unambiguously assigning negligence to Defendants’ ‘decision to continue … The Court in Lance also held that there was not any immunity for pharmaceutical companies from negligent design defect claims “which would insulate [them] from civil liability for manufacturing and/or disseminating products

Waste Management of Pa., Inc. v. City of York

910 F. Supp. 1035 · District Court, M.D. Pennsylvania · Nov 21, 1995

and EPA contend, contribution protection may be extended beyond that which is authorized by the statutory provisions that form the basis for the settlement authority in the first instance, there would have been no need to establish … Id. at 271 . 9 Clearly, Congress did not intend agreements between the Government and private parties to foreclose all other private party claims against the settling party.

Major

District Court, M.D. Pennsylvania · Jun 12, 2026

the United States, and must show that the alleged deprivation was committed by a person acting under color of state law.”30 Only “persons” are subject to suit under Section 1983; private agencies like the ACA do not qualify … immunity with respect to claims brought under Section 1983.59 There are two exceptions to the Eleventh Amendment’s bar to private suits against nonconsenting states: (1) “Congress may abrogate a state’s immunity” and