Case law

Kaehly v. City of Pittsburgh

988 F. Supp. 888 · District Court, W.D. Pennsylvania · Dec 17, 1997

It is well established that “ § 1983 is not itself a source of substantive rights, but merely provides a method for vindicating federal rights elsewhere conferred.” Graham v. … ’ ” that is, the municipality must be acting pursuant to a “clearly articulated” state policy.

Khodara Environmental, Inc. Ex Rel. Eagle Environmental, L.P. v. Burch

245 F. Supp. 2d 695 · District Court, W.D. Pennsylvania · Oct 1, 2002

SOVEREIGN IMMUNITY AND THE ADMINISTRATIVE PROCEDURES ACT We next address the Federal Defendants’ claim that Leatherwood’s suit is barred by the doctrine of sovereign immunity. … In fact, by its own terms the Advisory Circular is clearly meant merely to provide guidance to various parties who may be affected by Section 503(d)’s provisions.

QUISENBERRY v. RIDGE

District Court, W.D. Pennsylvania · Dec 7, 2023

DISCUSSION & ANALYSIS There are two types of immunity under § 1983: qualified immunity and absolute immunity. Yarris v. Delaware, 465 F.3d 129, 135 (3d Cir. 2006). … Ridge, can wear several hats, though, and when they are acting in their “executive, administrative, or ministerial capacity, they may be entitled to only qualified immunity.” Sample v.

Stewart v. United States

313 F. Supp. 195 · District Court, W.D. Pennsylvania · May 19, 1970

It is clearly established by the evidence in this case that Mr. Stewart could not continue his work because of disability recognized in the announcement of April 25, 1962. … It is clearly established that he was eligible for “disability benefits” after May 1, 1963 under the Plan, being over age 55, having more than 20 years service, and his disability being recognized by the employer.

SHOLTIS v. CITY OF PITTSBURGH

District Court, W.D. Pennsylvania · Nov 4, 2021

Sergeant Turko is not entitled to qualified immunity. … The second step of the qualified immunity inquiry asks whether “the [constitutional] right was ‘clearly established’ at the time of the challenged conduct.” Ashcroft v.

Marcelletti & Son Construction Co. v. Millcreek Township Sewer Authority

313 F. Supp. 920 · District Court, W.D. Pennsylvania · May 21, 1970

Youngdahl & Co., 418 Pa. 122 , 209 A.2d 810 [1965], the Supreme Court of Pennsylvania clearly adopted a functional approach. … The municipal authority here was engaged in a proprietary function where the governmental immunity of municipal corporations have been denied; 3. The public policy for enforcing such immunity is lacking here.

United States v. Conley

813 F. Supp. 372 · District Court, W.D. Pennsylvania · Feb 3, 1993

The Ninth Circuit ruled that, in accordance with the Supreme Court’s qualified immunity case Anderson v. … The Court will impute knowledge of the foregoing clearly established rules to the reasonably well-trained officer in this case. 83.

Guglielmo v. Scotti & Sons, Inc.

58 F.R.D. 413 · District Court, W.D. Pennsylvania · Feb 8, 1973

That under the Workmen’s Compensation Act of Pennsylvania, 77 P.S. *416 1, et seq., it is provided that the General Contractor who has secured Workmen’s Compensation enjoys the immunity given to an employer, which immunity … includes immunity from tort liability.

Brownsville Golden Age Nursing Home, Inc. v. Wells

665 F. Supp. 419 · District Court, W.D. Pennsylvania · Aug 4, 1987

Such facilities must also comply with federal regulations in order to qualify for Medicare reimbursement. 42 C.F.R. § 405.1101 et seq. … It is true that we initially restricted discovery because of several immunities issues, which we need not address because of our decision today on other grounds.

Harris v. KELLOGG, BROWN & ROOT SERVICES, INC.

796 F. Supp. 2d 642 · District Court, W.D. Pennsylvania · Sep 23, 2011

See Harris, 2011 WL 2462486 at n. 1 ("Plaintiffs have not contested that Professor Hamoudi is properly qualified as an *671 expert in Iraqi law."). … The CPA was the governing body established by Coalition forces following the invasion of Iraq.

Mori v. Allegheny County

51 F. Supp. 3d 558 · District Court, W.D. Pennsylvania · Sep 30, 2014

The court also found unpersuasive the defendants’ contention that they had no duty to anticipate the needs of the child before she was born and as a result they were entitled to qualified immunity. … Thus, the district court properly rejected the individual defendants’ defense of qualified immunity.

SHIPLEY

District Court, W.D. Pennsylvania · Jan 28, 2026

not be “clearly established at the time of the investigation.” … Amendment would be futile because, even with new facts, Plaintiffs cannot establish that Mr. Schaeffer violated clearly established law connected to their rights against reckless investigation.

CASTRO-MOTA v. COOK

District Court, W.D. Pennsylvania · Jun 20, 2025

are protected by the doctrine of qualified immunity. … Second, the “right at issue was ‘clearly established’ at the time of defendant's alleged misconduct.” Id.

Killion v. Franklin Regional School District

136 F. Supp. 2d 446 · District Court, W.D. Pennsylvania · Mar 22, 2001

Further, defendants argue that qualified immunity protects the administrators because, “[i]n May of 1999, there was no clearly established law that a public school student could not be suspended for the publication and dissemination … According to plaintiffs, this agreement moots any claims or arguments with respect to qualified immunity and municipal liability. Pis.’ Mem. Opp’n Defs.’ Mot. Summ. J. at 2.

Mellick v. Equal Employment Opportunity Commission

410 F. Supp. 736 · District Court, W.D. Pennsylvania · Apr 19, 1976

In the instant proceeding the lopsided ratio of blacks to whites employed by defendant in its Philadelphia Region, as revealed by plaintiff’s statistical evidence, clearly establishes a prima facie case of discrimination. … Eugene Nelson, was more qualified for the position than the plaintiff.

HASBAJRAMI v. HILL

District Court, W.D. Pennsylvania · Feb 17, 2022

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Pearson vy. Callahan, 555 U.S. 223, 232 (2009) (citing Saucier v. … Ifthe law did not put the officer on notice that his conduct would be clearly unlawful, dismissal based on qualified immunity is eeerorriete! See Bayer v.

Ryden v. Johns-Manville Products

518 F. Supp. 311 · District Court, W.D. Pennsylvania · Jul 17, 1981

In so holding, Hefferin rejected the trial court’s conclusion that § 303(b) was merely a codification of the existing law established in Maio v. Fahs. … Any doubt regarding the scope of § 303(b) immunity after Hefferin clearly was dispelled by Bell v. Koppers Co., Inc., 481 Pa. 454 , 392 A.2d 1380 (1978) and Arnold v. Borbonus, 257 Pa.Super. 110 , 390 A.2d 271 (1978).

Muirhead v. Zucker

726 F. Supp. 613 · District Court, W.D. Pennsylvania · Nov 21, 1989

As such, they enjoy a qualified immunity only: in the interests of keeping the public informed, newspaper articles are entitled to make fair and accurate report of judicial proceedings and involved parties, witnesses, and … Clearly plaintiffs’ Complaint does not state a common law cause of action for malicious abuse of process.

Goodson v. Maggi

797 F. Supp. 2d 624 · District Court, W.D. Pennsylvania · Jun 23, 2011

Court appointed counsel, especially one serving as a guardian ad litem, does not qualify as a state actor for purposes of § 1983. See Polk County v. … Philadelphia County, 195 F.Supp.2d 686, 688-89 (E.D.Pa.2002) (court-appointed defense attorney does not *638 qualify as a state actor for purposes of § 1983). See also Kirtley v.

Salvati v. Dale

364 F. Supp. 691 · District Court, W.D. Pennsylvania · Oct 5, 1973

The immunity of judges for acts within the judicial role is equally well established, and we presume that Congress would have *699 specifically so provided had it wished to abolish the doctrine.” (Emphasis added.) … The bulk of the opinion was devoted to demonstrating that this did not qualify as an effective administrative remedy.