Case law

MCMILLEN v. WETZEL

District Court, W.D. Pennsylvania · Sep 22, 2021

In response, Plaintiff argues that he sufficiently pleads an ADA claim because he is a qualified individual with a disability based on his substance use disorder; he qualifies for the same treatment provided to incarcerated … Upon review, Defendants do not establish that Plaintiff fails to state a claim.

Pendrell v. Chatham College

386 F. Supp. 341 · District Court, W.D. Pennsylvania · Dec 5, 1974

Plaintiff is clearly unable to state a cause of action under the two above-cited sections of the Pennsylvania Constitution. … Because the rationale of the relation-back rule is to ameliorate the effect of the statute of limitations, rather than to promote the joinder of claims and parties, the standard for determining whether amendments qualify

THIVENER v. NERO

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

Martinez, 538 U.S. 760, 767 (2003) (“The privilege against self-incrimination guaranteed by the Fifth Amendment is a 3 Defendants’ qualified immunity analysis for this claim as well as for the claim regarding the coerced … Accordingly, the Court cannot conclude that they are entitled to qualified immunity. 4 See, e.g., Second Am.

IVERS v. BRENTWOOD BOROUGH SCHOOL DISTRICT

District Court, W.D. Pennsylvania · Apr 3, 2023

° The doctrine of qualified immunity shields government actors from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … To determine whether qualified immunity shields a government official’s action from § 1983 liability, courts apply a two-step test and inquire (1) whether the facts alleged by the plaintiff establish a violation of a

Brieck v. Harbison-Walker Refractories

624 F. Supp. 363 · District Court, W.D. Pennsylvania · Dec 19, 1985

Brieck apparently relies on four statements from management as establishing his implied contract. … Brieck has shown no evidence that he was qualified to assume the responsibilities of any other job. 2 .

Potts v. Hartford Life & Accident Insurance Co.

272 F. Supp. 3d 690 · District Court, W.D. Pennsylvania · Sep 28, 2017

In sum, this Court finds that Defendant has clearly raised the issue, and that it is therefore not waived. … Defendant clearly complied with these requirements.

Equal Employment Opportunity Commission v. Grane Healthcare Co.

2 F. Supp. 3d 667 · District Court, W.D. Pennsylvania · Mar 6, 2014

The statutory language, however, does not clearly establish a corresponding “temporal qualifier” on the agency relationship. Robinson, 519 U.S. at 342 , 117 S.Ct. 843 . … The tests conducted in this case, however, clearly qualified as “medical examinations” governed by § 12112(d). Each applicant’s physical examination included a urinalysis. (ECF No. 116-48 at 11).

SIKO

District Court, W.D. Pennsylvania · Dec 10, 2025

P. 12(b)(6) and the clearly established authority set forth in Ashcroft v. Iqbal, 556 U.S. 662 (2009), Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and their progeny. … Conclusion Siko alleges facts in her Second Amended Complaint sufficient to establish that AstraZeneca perceived the condition of her immune system

Green v. Joy Cone Co.

278 F. Supp. 2d 526 · District Court, W.D. Pennsylvania · Aug 21, 2003

While a plaintiff alleging discrimination in employment due to a disability must establish that she is a “qualified individual with a disability” as part of her prima facie case, a violation of the ADA’s prohibition against … In addition, Joy Cone’s Release Form does not clearly specify that medical records will be accessed only after an offer of employment.

Lake Erie Institute of Rehabilitation v. Marion County, West Virginia Board of Education

798 F. Supp. 262 · District Court, W.D. Pennsylvania · Jul 28, 1992

Under section 1.3 of Policy 2419, the county boards are directed to establish policies and implement written procedures for conducting a PAC meeting whose purpose is to establish an “individual education placement” (IEP) … Clearly, a Restatement approach would consider the place where the promise was made to be an important contact with the jurisdiction.

Barish v. United Mine Workers of America Health & Retirement Fund

753 F. Supp. 165 · District Court, W.D. Pennsylvania · Dec 20, 1990

Barish might qualify as having been injured as a result of a “mine accident.” To so qualify, his injury must have been “unexpected,” “definite,” and the result of “force or impact.” … Defendant argues that the evidence establishes that plaintiff did not remove any branches or engage in any strenuous work.

GREEN v. MANROSS

District Court, W.D. Pennsylvania · Sep 27, 2019

“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 person … Accordingly, the Court will deny Defendants’ motion to dismiss on qualified immunity grounds.

LILLEY v. BRABENDER

District Court, W.D. Pennsylvania · Dec 15, 2021

Judicial immunity 1s an “immunity from suit, not just from an ultimate assessment of damages.” Mireles v. Waco, 502 U.S. 9, 11 (1991). … Gilley, 500 U.S. 226, 231 (1991) (“One of the purposes of immunity, absolute or qualified, is to spare a defendant not only unwarranted liability, but unwarranted demands customarily imposed upon those defending a long

Grassinger v. Welty

818 F. Supp. 862 · District Court, W.D. Pennsylvania · Jul 9, 1992

Of course, since Welty is being sued in his personal capacity, 10 he also is entitled to the defense of qualified immunity. … It is not even necessary to reach the issues of qualified immunity or the defense that Welty would have taken the same action in the absence of Grassinger’s litigation. *872 F.

Wheeling-Pittsburgh Steel Corp. v. Intersteel, Inc.

758 F. Supp. 1054 · District Court, W.D. Pennsylvania · Nov 15, 1990

To hold otherwise, they argue, would require a corporation to go beyond merely qualifying to do business in a foreign state and require instead that it incorporate in each and every state in which it conducts business. … a sham to execute illegitimate purposes and abuse of the corporate fiction and the immunity that it carries.

Clark v. Ellenbogen

319 F. Supp. 623 · District Court, W.D. Pennsylvania · Sep 23, 1970

The law does not specify any particular form of tax that must be paid in order to qualify to serve as a juror. … In our judgment payment of the general sales tax or even of federal income tax would qualify a juror under this provision.

Soo San Choi v. D'Appolonia

252 F.R.D. 266 · District Court, W.D. Pennsylvania · Aug 12, 2008

Plaintiffs Soo San Choi and Choi Enterprises, Inc., qualified for a minority-set-aside contract under Section 8 and do not appear to have abundant resources. … The facts in Edwards, however, are clearly distinguishable from the facts alleged against Dura-Bond here.

SPADA

District Court, W.D. Pennsylvania · Jul 22, 2022

Pelzer, 536 U.S. 730 (2002), declaring that it is clearly established law that punishing an inmate by hitching him to a post shirtless in the June sun of Alabama is cruel and unusual. … Alamu illustrates, a second legal principle is important here: corrections officers are shielded by qualified immunity from liability for money damages when their conduct does not violate clearly established legal rights

NEWTON v. PENNSYLVANIA STATE POLICE

District Court, W.D. Pennsylvania · May 21, 2020

It is well-established that the Eleventh Amendment immunizes states and state agencies from federal court suits by private parties. Idaho v. … First, it is undisputed that Newton establishes a prima facie case of disability discrimination.

HOPKINS

District Court, W.D. Pennsylvania · Apr 22, 2026

None of the evidence against the other four suspects clearly establishes that they were the real perpetrator. Viewed in the light most favorable to Mr. … Hopkins hasn’t established any constitutional violations, Defendants are also entitled to qualified immunity. See , 63 F. 4th 211, 227 (3d Cir. 2023).