Case law

Citizens Advy. Comm. on Priv. Pris. v. Usdoj

197 F. Supp. 2d 226 · District Court, W.D. Pennsylvania · Aug 7, 2001

H, something that is not clearly required by NEPA. Society Hill Towers, 210 F.3d at 174. … The agency may even rely on its own experts, as long as the experts are qualified and express a reasonable opinion.

HORSH v. CLARK

District Court, W.D. Pennsylvania · Sep 29, 2021

Based on this examination, Plaintiff filed a grievance in which he accused Edwards of walking into the examination room and denying him access to a qualified medical provider and threatening to place him in the RHU. … Such is clearly the case here.

TAYLOR F. v. LAWRENCE COUNTY

District Court, W.D. Pennsylvania · Dec 28, 2020

In the context of a social worker removing a child from a parent’s custody, a claim “requires decision-making by a social worker that is so clearly arbitrary … [that it] can properly be said to ‘shock the conscience.’” … The evidence of record conclusively establishes that during the time that T.F. was in foster care, issues were recognized and promptly addressed.

COUNTY OF BUTLER v. THOMAS W. WOLF

District Court, W.D. Pennsylvania · Sep 14, 2020

Mayor and City Council of Baltimore, 289 U.S. 36, 40 (1933) (A municipal corporation, created by a state for the better ordering of government, has no privileges or immunities under the Federal Constitution which it … At the dawn of an emergency—and the opening days of the COVID- 19 outbreak plainly qualify—public officials may not be able to craft precisely tailored rules.

MARTIN v. WETZEL

District Court, W.D. Pennsylvania · Jul 12, 2021

No one did this, as is obvious because Martin’s posterior is clearly visible on the video at this time. Between 15:25 and 15:27, Martin moves in and out of view of the camera. … Faced with a visibly agitated prisoner, willing to harm himself, who was repeatedly noncompliant throughout his two removals from his cell, some use of force was clearly appropriate.

PATRICK

District Court, W.D. Pennsylvania · Mar 13, 2026

Prison officials “clearly knew” Dr. … To qualify for punitive damages under section 1983, “the defendant's conduct must be, at a minimum, reckless or callous.

LOZANO v. United States

District Court, W.D. Pennsylvania · Feb 27, 2020

There can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy. … He was responsible for establishing a drug distribution and money laundering network in order to carry out the criminal activity.

PINSON v. COLEMAN

District Court, W.D. Pennsylvania · Mar 30, 2023

To establish prejudice, the petitioner must establish a reasonable probability that a different result would have occurred if the evidence had not been suppressed. Id. at 291. … This evidence similarly does not establish Petitioner’s innocence but instead attacks Collington’s credibility and the procedures used to establish his identification of Petitioner. See Sistrunk v.

VIANCOURT v. PARAGON WHOLESALE FOODS CORP.

District Court, W.D. Pennsylvania · Mar 31, 2023

“The ‘reasonably’ qualifier is important: there is no ambiguity if one of the two proffered meanings is unreasonable.” Trizechahn Gateway LLC v. Titus, 601 Pa. 637, 653 (Pa. 2009) (citing Murphy, 565 Pa. at 591). … New Castle County, 970 F.2d 1260, 1266 n. 4 (3d Cir.1992)) (“‘a contention in a brief’ ‘clearly ... may not’ be used to ‘substitute for an allegation in a complaint.’”).

Intellectual Ventures I LLC v. Erie Indemnity Co.

134 F. Supp. 3d 877 · District Court, W.D. Pennsylvania · Sep 25, 2015

Rather, the document clearly shows the '581 patent was not included in the transfer. Dkt. No. 14-220, ECF No. 75, at 9. … United States, 122 Fed.Cl. 245, 256 (Fed.Cl.2015) (MOT test failed because "transforming data from one form to another does not qualify as the kind of transformation regarded as an important indicator of patent eligibility

United States v. Brooks

341 F. Supp. 3d 566 · District Court, W.D. Pennsylvania · Sep 19, 2018

Lawrence explained: Clearly they almost hit me head on. … Even considering the other offenses to which he pleaded guilty, there clearly was a minor sentence imposed at each of those counts because in effect no sentence for those offenses was imposed.

KELLY v. PEERSTAR LLC

District Court, W.D. Pennsylvania · Aug 11, 2022

You must appreciate it takes some time to contact 158 families and ask them the qualifying questions over the phone or in person. … Nulton’s claim clearly fails on the third element, the Court now focuses its attention on that element.

DUBOIS COUNTRY CLUB, LTD v. DEPOSITORS INSURANCE COMPANY

District Court, W.D. Pennsylvania · Oct 10, 2023

Bernhardt”) of Providence is a good engineer, and Providence in general has highly qualified engineers. (Id. at 62:12-25). Mr. Komarnicki also testified regarding two letters that Mr. Bernhardt wrote to Mr. … In other words, under the Policy, the Defendants clearly would not owe the Plaintiffs the entire amount (or perhaps anywhere near the entire amount) of Hughes’s estimate.