Case law

LOVE v. THOMPSON

District Court, W.D. Pennsylvania · Jan 26, 2021

Qualified immunity applies if there is no constitutional violation under the facts of the case, or even if there is a constitutional violation, the law was not clearly established certifying that the alleged misconduct … Corrections Defendants argue that they are entitled to qualified immunity as to this claim because “there has been no case decided which has clearly established that the [procedural] due process protections established

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.

United States v. Conley

859 F. Supp. 830 · District Court, W.D. Pennsylvania · Jun 27, 1994

It is well established that an involuntary confession may result from psychological, as well as physical, coercion. Miller v. … Donnelly promised Duffy Conley informal use immunity without limitation The Court clearly held that “Conley’s statements at the Main Hotel on October 30,1989 were not voluntary.”

Thomas v. Pennsylvania Dept. of Corr.

615 F. Supp. 2d 411 · District Court, W.D. Pennsylvania · May 12, 2009

Under the Eleventh Amendment, states are generally immune from suit brought in federal court by private parties. 3 Pennkurst State School & Hospital v. … In order to establish a violation under Title II, plaintiff must demonstrate: (1) that he is a qualified individual; (2) with a disability; and (3) that he was denied the opportunity to participate in or benefit from the

Thomeier v. Rhone-Poulenc, Inc.

928 F. Supp. 548 · District Court, W.D. Pennsylvania · Jun 5, 1996

To establish jurisdiction under 28 U.S.C. § 1332 on the basis of diversity of citizenship, a plaintiff must plead that the amount in controversy exceeds $50,000. … “Thomas,” the court noted, “clearly had a third-party claim against Valmac at the time he sustained his injury.” Id.

United States v. Wheeler

149 F. Supp. 445 · District Court, W.D. Pennsylvania · Mar 20, 1957

Here so far as the defendant knew or had been informed his books and papers were being examined by Agent Krieger to establish his proper civil liability. … The dividing line between proper investigative procedures and those which encroach improperly upon constitutionally guaranteed rights is shadowy and ill defined, but the device here used places itself clearly on the wrong

SIMPSON v. DAVENPORT

District Court, W.D. Pennsylvania · Aug 17, 2023

“‘[T]he judicially created doctrine of qualified immunity’ shields governmental officials from suit and from liability if their conduct ‘does not violate clearly established statutory or constitutional rights of which a … The Court need not address the issue of qualified immunity, as the Court has found that Plaintiff has not met his burden to establish a prima facie case under RFRA. V.

Pritchard v. Dow Agro Sciences

705 F. Supp. 2d 471 · District Court, W.D. Pennsylvania · Mar 11, 2010

They argue that he is not qualified to opine as to the medical cause of Mr. … The law regarding the need for epidemiological studies is not clearly established, although caselaw from the Court of Appeals for the Third Circuit and district courts within the Third Circuit suggest certain principles of

WHITE v. WALSH

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

"To earn the protections of absolute immunity at the motion-to-dismiss stage, a prosecutor must show that the conduct triggering absolute immunity clearly appears on the face of the complaint." … prosecution was only protected by qualified immunity. 500 U.S. 478, 487 (1991).

BLESSING v. CITY OF LATROBE

District Court, W.D. Pennsylvania · Jan 12, 2022

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The City Defendants argue that Mayor Wolford is entitled to qualified immunity in this matter because the Amended Complaint does not allege any actions by her that were violative of any clearly established constitutional

FINDLEY v. CHILDREN, YOUTH, & FAMILY

District Court, W.D. Pennsylvania · Nov 24, 2020

Children & Youth Servs., 577 F.3d 186, 193 (3d Cir. 2009), sued in their individual capacity are entitled to qualified immunity “unless the official violated a statutory or constitutional right that was clearly established … The Court’s above discussion of qualified immunity as to the CYF Defendants applies with equal force here. The School District Defendants qualify as state actors for these purposes. See, e.g., Mann v.

Gregg v. United States

22 F. Supp. 802 · District Court, W.D. Pennsylvania · Feb 23, 1938

Cafeterias were established and maintained in the public schools of the city of Philadelphia prior to 1911. The first cafeteria in the School District of the City of Pittsburgh was established in the year 1911 or 1912. … If so, its operations are immune from federal taxation and, as a necessary corollary, ‘fixed salaries and compensation paid to its officers and employees in their capacity as such are likewise immune.’ New York ex rel.

PINKNEY v. MEADVILLE, PENNSYLVANIA

District Court, W.D. Pennsylvania · Apr 3, 2020

Qualified immunity “shield[s officers] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … This likewise establishes his entitlement to qualified immunity. Larsen v.

SAMPLE v. JOHNSON

District Court, W.D. Pennsylvania · Mar 27, 2023

; the defense must clearly appear on the face of the complaint.” … Absolute Immunity There are two kinds of immunity under § 1983: qualified immunity and absolute immunity. Yarris v.

Harris v. Kellogg, Brown & Root Services, Inc.

796 F. Supp. 2d 642 · District Court, W.D. Pennsylvania · Jun 17, 2011

The CPA was the governing body established by Coalition forces following the invasion of Iraq. … Plaintiffs have not contested that Professor Hamoudi is properly qualified as an expert in Iraqi law. .

WERTZ v. INMATE CALLING SOLUTIONS, LLC

District Court, W.D. Pennsylvania · Mar 7, 2024

Fewell, Cain, and Coddington are entitled to qualified immunity because they did not violate a clearly established constitutional right. … Fewell, Cain, and Coddington contend that, regardless of whether there was a duty to intervene in this case, they are entitled to qualified immunity because they did not violate a clearly established right.

In re Howell

136 B.R. 120 · District Court, W.D. Pennsylvania · Nov 4, 1991

The record clearly shows that each debtor has voluntarily agreed that a portion of her AFDC benefits be paid directly to the Chapter 13 trustee. … No argument is made here that 11 U.S.C. § 1325 (c) or any other bankruptcy provision is a broad abrogation of the states immunity.

STRICKLAND v. HAINES CITY POLICE DEPT

District Court, W.D. Pennsylvania · Sep 25, 2019

Qualified Immunity Finally, Officer Adams moves for dismissal of the claims against him based on qualified immunity. … The doctrine of qualified immunity insulates government officials from liability for damages insofar as their conduct does not violate clearly established rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

VINOSKY v. CONSIGLIO

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

While courts should resolve questions of qualified immunity at the earliest possible stage of litigation, a finding of qualified immunity “‘will be upheld on a 12(b)(6) motion only when the immunity is established on … If the complaint fails to state a claim of a violation of clearly established law on its face, “a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

Kutska v. California State College, Department of Education

410 F. Supp. 48 · District Court, W.D. Pennsylvania · Mar 31, 1976

Kutska may be qualified to teach Russian, this does not automatically qualify him to head the Slavic Studies Program. … Clearly, defendant’s only objective was to obtain the most qualified individual possible for this position, regardless of his race, color, sex, religion, or national origin.