Case law

Commonwealth, Aplt. v. Hunte, L.

Supreme Court of Pennsylvania · Jun 17, 2025

Brobson cogently explains, nothing in the statute “forecloses a situation where either law enforcement obtains a warrant before directing emergency room personnel to withdraw a person’s blood or the Commonwealth later establishes … Through Section 3755(b) our General Assembly has clearly expressed its intent that medical personnel complying with requests from law enforcement to draw blood from suspected intoxicated drivers should enjoy immunity from

Weyandt v. Mason's Stores, Inc.

279 F. Supp. 283 · District Court, W.D. Pennsylvania · Feb 9, 1968

Williams was indeed a private detective, but he also held a special police officer’s card issued by the City of Miami, Florida, and had taken an oath and qualified as a special police officer. … Plaintiff also fails to establish how she was deprived of the equal protection of the laws. She does not claim to be the member of a discriminated class.

Stanton v. LACKAWANNA ENERGY, LTD.

2008 Pa. Super. 132 · Superior Court of Pennsylvania · Jun 23, 2008

Upon our review, our Court determined that PP & L qualified as an “owner” under the RULWA. … We also concluded that [the Stantons] had failed to plead or establish any evidence that PP & L acted maliciously or willfully, so as to invoke an exception to the immunity afforded owners under the RULWA.

United States v. Commonwealth of Pennsylvania

394 F. Supp. 261 · District Court, M.D. Pennsylvania · May 30, 1975

The law of the Third Circuit clearly establishes that the APA does not confer subject matter jurisdiction. Chaudoin v. Atkinson, 494 F.2d 1323, 1328 (3d Cir. 1974); Getty Oil Co. v. … Penney clearly declared § 1361 not to confer subject matter jurisdiction “where otherwise none exists.” 319 F. Supp., at 1030 .

Cooper v. City of Chester

810 F. Supp. 618 · District Court, E.D. Pennsylvania · Dec 8, 1992

Qualified immunity is available only if the defendants can show that "reasonable officials in the defendants’ position at the relevant time could have believed, in light of clearly established law, that their conduct comported … Such a qualified immunity claim cannot withstand plaintiff’s allegation that these officers deliberately arrested the wrong man, since it is long established that an arrest without probable cause violates the Fourth Amendment

DeFiore v. Vignola

823 F. Supp. 315 · District Court, E.D. Pennsylvania · Jun 10, 1993

As a general rule, qualified immunity protects government officials performing discretionary functions insofar as their conduct docs not violate clearly established statutory or constitutional rights of which a reasonable … Vignola has been accused of violating Plaintiff's clearly-established constitutional right to freedom of association, we find that an insufficient basis exists to enter judgment in Defendant’s favor on the qualified immunity

Dorley v. South Fayette Township School District

129 F. Supp. 3d 220 · District Court, W.D. Pennsylvania · Sep 4, 2015

Dist., 548 Fed.Appx. 50 , 54 & n. 2 (3d Cir.2013) (holding qualified immunity protected coach from liability because the law was not clearly established without commenting on the propriety (or impropriety) of the substantive … In Spady , our Court of Appeals declined to address whether a federal right had been violated, and instead held that the gym teacher was entitled to qualified immunity because it was not clearly established that a student

McGrail v. Workmen's Compensation Appeal Board

145 Pa. Commw. 595 · Commonwealth Court of Pennsylvania · Feb 20, 1992

For example, Frank Brozil, a qualified electrician and Assistant Director of Public Service for Lackawanna, testified: Q. Whose decision was it to go down into the panel room? A. … The record establishes that the only reason why ACE had not yet been paid was because ACE had not billed for its work. R.R. 256a — 257a, 262a, 265a.

Rees v. Office of Children and Youth

744 F. Supp. 2d 434 · District Court, W.D. Pennsylvania · Sep 30, 2010

“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 individual Defendants are entitled to qualified immunity relative to Count I of the complaint.

Fortugno v. Trachtenberg

202 F. Supp. 177 · District Court, E.D. Pennsylvania · Feb 23, 1962

The plaintiff argued that even admitting the existence of the doctrine of charitable immunity under Pennsylvania law, under the facts in the instant case, defendant does not qualify as a charity entitled to that immunity. … Legislature to abrogate that immunity.

Wellsboro Area School District v. Tioga County Board for Assessment & Revision of Taxes

651 A.2d 592 · Commonwealth Court of Pennsylvania · Dec 6, 1994

This appeal raises the question of what, if anything, a School District was required to prove, so as to qualify for an exemption under this statute, once it established that the subject land is annexed to a schoolhouse. … taxation or assessments unless a statute clearly and unequivocally expresses the legislative will that such property shall not be immune: Robb v.

Englert v. City of McKeesport

637 F. Supp. 930 · District Court, W.D. Pennsylvania · Jun 18, 1986

To qualify as “state action”, anticompetitive activities by a municipality must have been undertaken pursuant to a clearly expressed state policy. Town of Hallie v. … In attempting to establish that McKeesport’s actions were taken pursuant to a “clearly articulated and affirmatively expressed state policy,” McKeesport relies primarily on statutory provisions of the Pennsylvania Third Class

S. Hoover v. S.A. Stine, PennDOT and the Borough of Waynesboro

153 A.3d 1145 · Commonwealth Court of Pennsylvania · Nov 15, 2016

Not only has Hoover failed to establish that Waynesboro or PennDOT’s purported negligence caused her injuries, she has failed to establish that the alleged negligence fell within any exception to immunity. … In this case, the z-bricks and concrete headers clearly established the path for pedestrian egress across the highway, just as the painted crosswalk did in Glenn, thereby serving

Joseph M. v. Northeastern Educational Intermediate Unit 19

516 F. Supp. 2d 424 · District Court, M.D. Pennsylvania · May 15, 2007

Qualified Immunity Additionally, the Supervisor Defendants argue that they enjoy qualified immunity. … With regard to the federal claims, public officials generally enjoy qualified immunity for their actions unless those actions violate clearly established constitutional rights of which a reasonable person would know.

Ickes v. Grassmeyer

30 F. Supp. 3d 375 · District Court, W.D. Pennsylvania · Jul 2, 2014

For reasons that are not entirely clear, the individual Defendants do not move for dismissal of any federal claims based on qualified immunity. 17 (ECF Nos. 7-10). Qualified immunity is an affirmative defense. … The assault and battery claims brought against the Commonwealth are clearly barred.

Francis v. Northumberland County

636 F. Supp. 2d 368 · District Court, M.D. Pennsylvania · Jul 7, 2009

At this juncture, we address Warden Reish's argument for qualified immunity. … was clearly established.”

Stanton v. Lackawanna Energy, Ltd.

2007 Pa. Super. 6 · Superior Court of Pennsylvania · Jan 5, 2007

We also concluded that Appellants had failed to plead or establish any evidence that PP & L acted maliciously or willfully, so as to invoke an exception to the immunity afforded owners under the RULWA. … as “land” for the purposes of RULWA immunity.

Stilp v. Commonwealth

927 A.2d 707 · Commonwealth Court of Pennsylvania · Jul 3, 2007

A statute will only be declared unconstitutional if it clearly, palpably and plainly violates the Constitution. Ieropoli v. AC & S Corp., 577 Pa. 138 , 842 A.2d 919 (2004). III. Standing A. … Summary In summary, Stilp does not attempt to establish traditional standing. We hold that he fails to establish taxpayer standing because he cannot show that no other persons are better situated to bring the challenge.

Schlier v. Rice

630 F. Supp. 2d 458 · District Court, M.D. Pennsylvania · Oct 9, 2007

Defendants Are Not Entitled to Qualified Immunity Defendants assert that they are entitled to qualified immunity from Plaintiffs’ claims. … A defendant has the burden to establish that he is entitled to qualified immunity. See Beers-Capitol v. Whetzel, 256 F.3d 120 , 142 n. 15 (3d Cir.2001). The qualified immunity inquiry proceeds in two steps.

Commonwealth v. Lewis

180 A.3d 786 · Superior Court of Pennsylvania · Mar 2, 2018

P, David F, Scholl L., Increases in Drug and Opioid-Involved Overdose Deaths — United States, (Footnote Continued) _______________________ a violation of probation or parole if the person can establish … However, if she had summoned anyone else—a neighbor, or passerby, for instance—to phone the police for her, it is clear she would qualify for immunity under the Act.