Case law

WEBER v. ERIE COUNTY

District Court, W.D. Pennsylvania · Nov 5, 2019

This argument is contrary to clearly established law. … “Ultimately, whether a prosecutor is entitled to absolute immunity depends on whether she establishes that she was functioning as the state’s ‘advocate?

Kriss v. Fayette County

827 F. Supp. 2d 477 · District Court, W.D. Pennsylvania · Oct 27, 2011

immunity. … coupled with timing to establish a causal link.”

United States v. Hayes

388 F. Supp. 470 · District Court, W.D. Pennsylvania · Jan 28, 1975

Defendant Mertens suggests that the prejudicial effect of the alleged misstatement of a critical date was to “preclude the possibility” of establishing an alibi defense. … The fact that the mailing and controlled delivery which occurred between May 3 and May 8 constituted an ongoing event, the “on or about” language qualifying the date in the indictment, and the obvious closeness of these two

Sani-Dairy v. Yeutter

782 F. Supp. 1060 · District Court, W.D. Pennsylvania · Oct 29, 1991

(“the Act”), which empowers the Secretary to promulgate milk market orders to curb destabilizing competition by establishing a uniform price for all producers in an area. … Moreover, the Act clearly contemplates that producers would participate in the regulatory process.

LEWIS v. JUNIPER NURSING

District Court, W.D. Pennsylvania · Jan 23, 2023

relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2)(B)(i)-(iii); Brown v. Sage, 941 F.3d 655, 659 (3d Cir. 2019). … Establishing a prima facie In sum, as currently pled, the Court finds that Plaintiff’s Complaint fails to state a claim on which relief may be granted, and therefore the Complaint will be dismissed without prejudice to

United States v. City of Erie, PA

411 F. Supp. 2d 524 · District Court, W.D. Pennsylvania · Dec 13, 2005

(“Since this item is administered at the conclusion of the test battery, a fatigue effect will clearly degrade maximum performance. … McArdle was qualified at trial as an expert in the field of exercise physiology. The parties have stipulated that Dr.

United States Ex Rel. Silverman v. Pennsylvania

527 F. Supp. 742 · District Court, W.D. Pennsylvania · Nov 24, 1981

We find that plaintiff has failed to establish this proposition by a preponderance of the evidence. … Again it is not unreasonable, and clearly not unconstitutional, for prison officials to require that the medical records of all inmates remain in a central location and immune from unauthorized inspections.

NOBLE v. UNITED STATES OF AMERICA

District Court, W.D. Pennsylvania · Jul 1, 2020

The Federal Defendants, in turn, contend that Noble’s claims are barred by sovereign immunity, prosecutorial immunity, qualified immunity, lack of personal involvement, and failure to state a claim. … Prosecutorial immunity Piccinini and Brady maintain that they are each entitled to “absolute immunity” from the defense of Noble’s claims due to the doctrine of prosecutorial immunity. Fogle v.

Howard v. Blalock Electric Service, Inc.

742 F. Supp. 2d 681 · District Court, W.D. Pennsylvania · Sep 21, 2010

Howard has clearly established a prima facie case of retaliation under Title VII, § 1981 and the PHRA. … To make such a showing, a plaintiff must establish not merely the existence of a “hostile work environment,” but also that his or her resignation “qualified as a fitting response.”

Wilson v. Twin Rivers Towing Co.

413 F. Supp. 154 · District Court, W.D. Pennsylvania · May 10, 1976

The record clearly reveals that any crew member could have and' would have extended plaintiff assistance if she would have asked. … The Court is completely satisfied that the medical evidence of record establishes that plaintiff, as of May 31, 1974, was permanently disabled and unable to pursue the work for which she was trained and qualified.

Stewart v. Wohlgemuth

355 F. Supp. 1212 · District Court, W.D. Pennsylvania · Aug 21, 1972

She is an emancipated minor who does not qualify as an ADC child. … He is also informed what evidence is necessary to establish that he is doing all he can to obtain a job.

Wolski v. City of Erie

900 F. Supp. 2d 553 · District Court, W.D. Pennsylvania · Sep 28, 2012

DISCUSSION To establish a prima facie case of disability-related discrimination, Wolski was required to show that she (1) is disabled, (2) is otherwise qualified to perform the essential functions of the job in question, … THE COURT: Let me ask the question more clearly. On this record doesn’t the record here, not suggest but establish, that she had a record of mental disability of which this employer was aware? MR. VILLELLA: Yes.

Slapikas v. First American Title Insurance

250 F.R.D. 232 · District Court, W.D. Pennsylvania · Mar 24, 2008

The Rate Manual establishes a three-tiered system of rates. The default Basic Rate applies when the purchaser of title insurance does not qualify for a special rate. … Actions requesting declaratory and injunctive relief to remedy conduct directed at the class clearly fit this mold.

Bradford Hospital v. Shalala

108 F. Supp. 2d 473 · District Court, W.D. Pennsylvania · Jun 5, 2000

Accordingly, the HCFA promulgated regulations that established a standard rate for capital costs. … The Court concluded that this rule did not infringe upon the doctrine of sovereign immunity. See id. at 95-96 , 111 S.Ct. 453 .

iLife Technologies Inc. v. Body Media, Inc.

90 F. Supp. 3d 415 · District Court, W.D. Pennsylvania · Feb 27, 2015

Body Media did not establish that the claim term “substantially continuously *437 measuring” is indefinite. … Body Media did not establish that the claim term “accelerative event characteristic” is indefinite.

Martin v. MATT CANESTRALE CONTRACTING, INC.

658 F. Supp. 2d 668 · District Court, W.D. Pennsylvania · Sep 16, 2009

If either one of these tasks qualify as maritime employment plaintiff meets the status test. Loading cargo onto a vessel qualifies as maritime employment. … Defendant argues the spud in this case is similar to the pilings in Jordan , but this case is clearly distinguishable.

Inmates of the Allegheny County Jail v. Wecht

699 F. Supp. 1137 · District Court, W.D. Pennsylvania · Nov 17, 1988

While they may have been sufficient in 1886, they are clearly not tolerable in 1988. Not only are the cells physically inadequate, but there is no way for this structure to be made adequate. … The lack of space for adequate mental health units complicates the County’s problem in attracting and retaining qualified nursing personnel to staff the units.

DILLEY

District Court, W.D. Pennsylvania · Aug 27, 2026

Accordingly, “[t]o state a claim for relief in an action brought under § 1983, [a plaintiff] must establish that [he was] deprived of a right secured by the Constitution or laws of the United States, and that the alleged … ADA Cullen contends that his alleged actions here were clearly taken in connection with judicial proceedings while he was acting in his capacity as a prosecutor for the Commonwealth of Pennsylvania.

Erie Endowment v. United States

202 F. Supp. 580 · District Court, W.D. Pennsylvania · Dec 21, 1961

Through delay, postponements (not here important), the request was not clearly answered until some years later. … The government contends that in order to qualify for exemption under Section 501 as an organization described in Section 501(c)(4), the taxpayer must prove (1) that it is a civic organization, (2) that it is not organized

United States v. Conley

833 F. Supp. 1121 · District Court, W.D. Pennsylvania · Sep 3, 1993

Where “specified unlawful activity” is a joint, continuing offense defined so that it can be carried on by activity also qualifying as “financial transactions,” proof establishing one tier of the three tier structure of Section … The need for that legislation has been established.