Case law

Equal Employment Opportunity Commission v. County of Allegheny

519 F. Supp. 1328 · District Court, W.D. Pennsylvania · Aug 11, 1981

We conclude that this uncontroverted evidence is sufficient to establish a prima facie case of a broad scheme or policy of age discrimination. … To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection.

EASTMAN v. SMITH

District Court, W.D. Pennsylvania · Oct 11, 2019

Immunity Defendant is not entitled to immunity. … immunity defense based on D.R. by L.R. v.

United States v. Reyes-Romero

327 F. Supp. 3d 855 · District Court, W.D. Pennsylvania · Jul 2, 2018

a different result establishes too high a burden." … In order to qualify for withholding of removal, the Defendant must establish that it is more likely than not that his "life or freedom would be threatened in th[e] country [of removal] because of the alien's race, religion

Doe v. Sparks

733 F. Supp. 227 · District Court, W.D. Pennsylvania · Mar 14, 1990

Although the effect of Bonadio was not to create a “right” to sodomy, it certainly established that the class of adult persons who engage in oral or anal sex with other consenting adults, whether hetero-, homo-, or bi-sexual … in orientation, are immune from state interference.

Haun v. Retail Credit Co.

420 F. Supp. 859 · District Court, W.D. Pennsylvania · Oct 1, 1976

Plaintiff is also hard pressed to show any other kind of prejudice caused by the defendant’s answer in the state court before removing the case to federal court within the 30-day time limit established in § 1446(b). … To protect himself, then, he might have to answer in state court and simultaneously file a removal petition or qualify his answer by stating his intent to remove.

Sherry v. Associates Commercial Corp.

60 F. Supp. 2d 470 · District Court, W.D. Pennsylvania · Sep 29, 1998

matter of law,” the nonmoving party must establish the existence of every element essential to his case, id. … Here, the plaintiffs do not assert that Abbey Recovery’s conduct qualifies as state action under the governmental function or symbiotic relationship test.

D.C. v. PITTSBURGH PUBLIC SCHOOLS

District Court, W.D. Pennsylvania · Dec 3, 2019

Qualified immunity Next, Officer Parker and Principal McClinchie argue that they are entitled to qualified immunity, which bars D.C.’s constitutional claims against them. And, although Mr. … Accordingly, the Court will address qualified immunity as to all three individual Defendants. Qualified immunity is generally afforded to government officials who perform discretionary functions. Anderson v.

Honeywell v. Rogers

251 F. Supp. 841 · District Court, W.D. Pennsylvania · Mar 28, 1966

Subsequent to the filing of this action and before it came to trial the Pennsylvania Supreme Court abolished the charitable immunity doctrine which had insulated hospitals from liability on such claims. Flagiello v. … not] apply, after the operation is concluded, to treatment administered by floor nurses and internes in the regular course of the services ordinarily furnished by a hospital; as to all such care and attention they would clearly

JILES v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION

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

While such submissions are read to “raise the strongest arguments suggested therein,” a court’s “forgiving interpretation does not render immune from dismissal or summary judgment claims that lack procedural or … To establish a prima facie case of discrimination under Title VII, Jiles must establish the following four elements: (1) he is a member of a protected class; (2) he was qualified for the position he held; (3)

HARR v. BUCZAK

District Court, W.D. Pennsylvania · Sep 5, 2024

absolute immunity as an affirmative defense; the defense must clearly appear on the face of the complaint.” … Ct. 1987) (stating that “the law in Pennsylvania is well established that judges are absolutely immune from liability for damages when performing judicial acts, even if their actions are in error or performed with malice

WILLIAMS v. SCI SOMERSET

District Court, W.D. Pennsylvania · Dec 4, 2023

In any case, Fleegle argued, the use of force to extract an inmate presenting a risk of self-injury was justified, or at least entitled Fleegle to qualified immunity. … Blake, 578 U.S. 632, 643-44 (2016), but as the Supreme Court established in Ross y.

Westmoreland Human Opportunities, Inc. v. Walsh

327 B.R. 561 · District Court, W.D. Pennsylvania · Jul 29, 2005

In addition, the committee members are entitled to immunity for their actions performed in their official capacity in accordance with the Bankruptcy Code. In re L.F. … Clearly WHO re *578 ceived and utilized the $51,399 for its benefit. Id. at 514 .

MARTINEZ v. EMERY

District Court, W.D. Pennsylvania · Feb 5, 2024

As such, courts are afforded authority to dismiss those claims whose factual contentions are clearly baseless. Id.; Denton v. … Judge Emery is also entitled to judicial immunity with respect to Plaintiff’s claims.

Employers Mutual Casualty Co. v. Loos Ex Rel. Loos

476 F. Supp. 2d 478 · District Court, W.D. Pennsylvania · Feb 28, 2007

If James Loos was a “named insured,” Alexzandra would qualify as an “insured” under both the Policy and the statute. … In similar circumstances, courts have found an ambiguity to be present, thereby precluding a determination that coverage is clearly and unambiguously mandated by the language of the applica *488 ble policy.

SMITH v. SMITH TRANSPORT, INC.

District Court, W.D. Pennsylvania · Sep 29, 2023

As such, “in order to make out a prima facie case of disability discrimination under the ADA and PHRA, a plaintiff [had to] establish that s/he (1) has a disability, (2) is a qualified individual, and (3) has suffered … effort to establish a reasonable accommodation for his disability.

BLACKWELL v. TIERNEY

District Court, W.D. Pennsylvania · Jan 3, 2022

A frivolous complaint is one which is either based upon an indisputably meritless legal theory (such as when a defendant enjoys immunity from suit) or based upon factual contentions which are clearly baseless (such as … Therefore, absent an express waiver of the immunity established by the Eleventh Amendment, domestic relations sections, court divisions, and their employees who are sued in their official capacities, are absolutely immune

Dorn v. Potter

191 F. Supp. 2d 612 · District Court, W.D. Pennsylvania · Feb 28, 2002

To establish a prima facie case under a disparate treatment theory, a plaintiff must show: *621 (1) that he has a disability; (2) that he is otherwise qualified to perform the essential functions of the job, with or without … The word “substantial” in the phrase “substantially limits” “clearly precludes impairments that interfere in only a minor way with performance of [a major life activity] from qualifying as disabilities.”

United States ex rel. Fox v. Price

257 F. Supp. 493 · District Court, W.D. Pennsylvania · Aug 11, 1966

United States, 210 F. 2d 951 , C.A.6, 1954, the record was relied upon in a habeas corpus proceeding to establish that the defendant had been given a sentence of five years on each of four counts, but that the sentences on … Ct. 156, 157 , 70 L.Ed. 309, 1926 ), sentencing should not be a game in which a wrong move by the judge means immunity for the prisoner (McDowell v. Swope, 183 F.2d 856 , C.A.9, 1950).

Riding v. Kaufmann's Department Store

220 F. Supp. 2d 442 · District Court, W.D. Pennsylvania · Aug 8, 2002

A prima facie case of discrimination is established where plaintiff shows he or she (1) is a member of the protected class, (2) is qualified for the position, (3) suffered an adverse employment decision, and (4) that an otherwise … Thus, a prima facie case cannot be established on a one-size-fits-all basis.

Johnson v. McGraw-Hill Companies

451 F. Supp. 2d 681 · District Court, W.D. Pennsylvania · Sep 5, 2006

A plaintiff establishes a prima facie case of discrimination under the ADA by demonstrating that: (1) he is a “qualified individual with a disability” under the ADA; (2) he is otherwise qualified to perform the essential … He need only show that such a position existed, and he has clearly done so in this case. (Document No. 59, Exhibit 55).