Case law
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K. Blackwell v. City of Pittsburgh
Commonwealth Court of Pennsylvania · Nov 20, 2025
“Clearly established means that, at the time of 7 Thomas resolved the tension between federal notice pleading and qualified immunity’s “fact-specific inquiry.” … clearly established.
Cited 0 timesUnpublished688 F. Supp. 2d 379 · District Court, W.D. Pennsylvania · Feb 22, 2010
Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980)). “ ‘The qualified immunity defense shields government agents from liability for civil damages insofar as their conduct does not violate clearly established statutory … his or her actions violated clearly established law.”
Cited 11 timesPublishedSEPTA v. City of Phila., Aplts.
Supreme Court of Pennsylvania · Sep 24, 2014
The court concluded: “Clearly then, as an agency and instrumentality of the Commonwealth, SEPTA qualifies as an ‘employer’ for purposes of the [Human Relations] Act, subject to the jurisdiction of the [Pennsylvania Human … The fact that the Commonwealth Court did not employ the magic words -- sovereign immunity -- is of no consequence, as the court clearly recognized SEPTA’s enabling statute and its existence as a Commonwealth Agency subject
Cited 0 timesPublishedSTOKES v. CITY OF PHILADELPHIA
District Court, E.D. Pennsylvania · Oct 31, 2022
Rickard, 572 U.S. 765, 778 (2014) (“An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was ‘clearly established’ … Therefore, the qualified immunity analysis involves determining whether the defendant violated a right that was “clearly established” at the time of the challenged conduct. Plumhoff, 572 U.S. at 778.
Cited 0 timesUnknownCayenne v. Tobyhanna Township, PA
District Court, M.D. Pennsylvania · Aug 5, 2024
to qualified immunity. … the right was clearly established.
Cited 0 timesUnknownCROSLAND v. CITY OF PHILADELPHIA
District Court, E.D. Pennsylvania · Jun 8, 2023
That leaves the second prong of the qualified immunity analysis: whether the officers’ conduct violated clearly established law. … its caselaw suggests that municipal liability should remain untethered to the “clearly established” qualified immunity standard.
Cited 0 timesUnknownCuvo v. Pocono Mountain School District
District Court, M.D. Pennsylvania · Mar 21, 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 … A qualified immunity determination involves a two-pronged inquiry: (1) whether a constitutional or federal right has been violated; and (2) whether that right was “clearly established.” Saucier v.
Cited 0 timesUnknownDistrict Court, E.D. Pennsylvania · Sep 9, 2020
Qualified Immunity The doctrine of qualified immunity has long “protect[ed] government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … establish a right for purposes of qualified immunity.”
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Sep 6, 2024
At this stage of the litigation, these averments are sufficient to establish that Defendants Ferrari and Heine violated clearly established law for the purposes of qualified immunity. See Dayoub v. … Additionally, the “clearly established” test relates only to a qualified immunity, not a sovereign immunity, analysis. Brautigam, 684 F.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Mar 6, 2023
Alternatively, The defendants assert that they are entitled to qualified immunity because the rights allegedly violated were not clearly established at the time of the violation. (Id.) … the right was clearly established.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Jan 26, 2023
the right was clearly established. … Moyer is entitled to qualified immunity.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Jul 13, 2023
Defendants argue that Mojica Carrion’s claims are barred by qualified immunity because the constitutional right which he contends was violated was not clearly established until after the incident underlying his lawsuit … clearly established by Procunier); Martin v.
Cited 0 timesUnknownDonahue v. City of Hazleton, PA
District Court, M.D. Pennsylvania · Aug 3, 2020
The doctrine of qualified immunity provides that government officials performing “discretionary functions,” are shielded from suit if their conduct did not violate a “clearly established statutory or constitutional right … immunity at this time since “[i]t was clearly established by [Baker v.
Cited 0 timesUnknownALIOTA v. MILLCREEK TOWNSHIP SCHOOL DISTRICT
District Court, W.D. Pennsylvania · Mar 27, 2024
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.” … Here, the individual Defendants claim that they are entitled to qualified immunity because the “filing of a counterclaim for defamation did not violate Plaintiff's clearly established constitutional rights” (ECF No. 18,
Cited 0 timesUnknownBillups v. Penn State Milton S. Hershey Medical Center
910 F. Supp. 2d 745 · District Court, M.D. Pennsylvania · Nov 20, 2012
Immunity Finally, the Court will address whether Drs. … Choudhary, Crowell, and Dias are absolutely immune from liability. B.
Cited 8 timesPublishedDistrict Court, M.D. Pennsylvania · Aug 26, 2025
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 right was clearly established.
Cited 0 timesUnknownKlump v. Nazareth Area School District
425 F. Supp. 2d 622 · District Court, E.D. Pennsylvania · Mar 30, 2006
Therefore, each defendant would be entitled to qualified immunity unless she violated a clearly established constitutional right of plaintiff Christopher Klump. In other words, there is a two-part test. … Further, even if the defendants did violate Christopher Klump’s constitutional rights, they would have qualified immunity if the constitutional right were not clearly established.
Cited 18 timesPublished360 Pa. Super. 539 · Supreme Court of Pennsylvania · Feb 11, 1987
With respect to Judge Hill, 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 … Clearly such activity would have fallen within the parameters of Mr. Bala’s duties. As such, Mr. Bala is immune from suit in the instant matter under the protection of quasi-judicial immunity.
Cited 55 timesPublishedDistrict Court, W.D. Pennsylvania · Jun 3, 2025
In addition, Officer Brunner is entitled to qualified immunity, because he relied upon a credible report that a crime had occurred, and upon his interview with the Plaintiff, which supported his belief that a crime had … Barkes, 575 U.S. 822, 825 (2015) (“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time
Cited 0 timesUnknownDistrict Court, E.D. Pennsylvania · Mar 2, 2023
Qualified immunity protects officers when the law underlying the alleged violations is not clearly established. … Accordingly, the relevant right was not clearly established and Defendants are shielded by qualified immunity.
Cited 0 timesUnknown
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