Case law

Cook v. Smith

812 F. Supp. 561 · District Court, E.D. Pennsylvania · Feb 10, 1993

Common Pleas Court of Lehigh County, 515 F.Supp. 1074, 1076 (E.D.Pa.1981), the court stated that a court reporter’s qualified immunity shields her from suit when she acts pursuant to “lawful authority or follows a judge’s … Defendant’s actions are clearly within her general subject matter jurisdiction and responsibilities as a court reporter.

Hill v. Port Authority Transit System

125 Pa. Commw. 69 · Commonwealth Court of Pennsylvania · Apr 11, 1989

Further, it was intended to re-establish limited governmental immunity abrogated by Ayala v. … This Court finds that the Authority consistently maintained that it was not the primary obligor even subsequent to disclosure of information which clearly established Appellant’s uninsured status and subsequent to this Court

Cyprus v. Diskin

936 F. Supp. 259 · District Court, E.D. Pennsylvania · Jun 27, 1996

Qualified Immunity The defendants assert that they have qualified immunity for their acts in arresting Cyprus. … A state official is immune to damage claims brought under 42 U.S.C. § 1983 if a reasonable official in his position could have believed that his action or decision was lawful, in light of clearly established law and the information

John G. v. Northeastern Educational Intermediate Unit 19

490 F. Supp. 2d 565 · 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.

Cornell Companies, Inc. v. Borough of New Morgan

512 F. Supp. 2d 238 · District Court, E.D. Pennsylvania · May 31, 2007

In order to establish a prima facie case of disability discrimination under Title II of the ADA, a plaintiff must allege that: (1) he or she is a qualified individual with a disability within the meaning of the statute; ( … Cornell has clearly pled business misconduct.

Carpenter v. Pleasant

759 A.2d 411 · Commonwealth Court of Pennsylvania · Aug 7, 2000

Trial Court’s denial of the Motion was appealed. 3 The subject matter of this appeal is limited to the City of Chester’s liability under the traffic light exception to governmental immunity under the Political Subdivision … Since Conrad clearly has specialized skill, training, knowledge and experience in the area of Conflict Monitors and since such testimony would help educate the jury as to whether or not the implementation of such a device

Precision Marketing, Inc. v. Commonwealth, Republican Caucus of the Senate of PA/AKA the Senate of PA Republican Caucus

78 A.3d 667 · Commonwealth Court of Pennsylvania · Sep 5, 2013

The doctrine of sovereign immunity, which provides that a state may not be sued without its consent, 7 clearly ap *671 plies to the state itself. … The party asserting immunity has the burden of establishing such immunity. State Public School Bldg. Authority v. Goodea Const. Co., 24 Pa.

Pennsylvania State University v. Derry Township School District

557 Pa. 91 · Supreme Court of Pennsylvania · Jun 22, 1999

The immunity from tax extends to property owned by agencies of the Commonwealth. Id. In Pennsylvania State University v. … Inasmuch as HMC does not qualify for tax-free status as property owned by an agency of the Commonwealth, a remand to the court of common pleas is necessary for a determination of whether HMC qualifies for exemption on an

Burcik v. Caplen

805 A.2d 21 · Commonwealth Court of Pennsylvania · Jul 17, 2002

Burcik argues that, having been created by State statute, the Board qualifies for sovereign immunity as an independent Commonwealth agency. … Only a subset of State actors for Fourteenth Amendment purposes qualify for immunity as local or State agencies. Compare Krynicky v.

Commonwealth v. Marshall

523 Pa. 556 · Supreme Court of Pennsylvania · Dec 22, 1989

Appellant also argues that he was denied a fair trial because his case was decided by a death qualified jury. This argument has consistently been rejected, as it must be now. Commonwealth v. … In effect, Appellant argues that the grant of immunity provided the motive for the Marshalls’ testimony.

Mullin v. COM., DEPT. OF TRANSP.

582 Pa. 127 · Supreme Court of Pennsylvania · Mar 29, 2005

Although there are factual disputes underlying this matter, our plenary review involves the purely legal question of whether PennDOT, in this instance, qualifies for Commonwealth agency protection under sovereign immunity … However, in order for the Commonwealth to be found liable, a party must also establish that the cause of action falls under one of nine specifically enumerated exceptions to immunity. 42 Pa.C.S. § 8522(b).

Commonwealth v. Baker

352 Pa. Super. 260 · Supreme Court of Pennsylvania · Apr 14, 1986

Sweitzer, 261 Pa.Super. 183, 191 , 395 A.2d 1376, 1380-81 (1978), this court explained that ... a PCHA petitioner has the burden of establishing his grounds for postconviction relief____ In particular, the burden of establishing … This statement of reasons clearly demonstrates that the court considered factors specified in the sentencing code.

Gale v. City of Philadelphia

86 A.3d 318 · Commonwealth Court of Pennsylvania · Mar 4, 2014

First, a plaintiff must establish that “damages would be recoverable under common law or a statute creating a cause of action if the injury were caused by a person not having available a defense,” of governmental immunity … Under the Pennsylvania Rules of Civil Procedure, the affirmative defense of governmental immunity should be raised by New Matter; however, where the defense of immunity is clearly applicable on the face of the complaint and

J.L. Nagle. v. TrueBlue, Inc., Labor Ready, Inc. and Labor Ready Northeast, Inc. and Rye Twp.

148 A.3d 946 · Commonwealth Court of Pennsylvania · Oct 24, 2016

Ready and the Township stating, in pertinent part: At the [o]ral [a]rgument on the [Motions], counsel for [Nagle] made it clear to the [trial c]ourt that he believed [the] Township qualified … Because the established law holds that the entity with the right to control Bell’s work and his manner of performing it is the leading indicator of his employer, the Township was clearly Bell’s borrowing employer at the time

D. Scrip v. Debbie O'Dell Seneca, in her individual capacity as President Judge of the Court of Common Pleas of Washington County

191 A.3d 917 · Commonwealth Court of Pennsylvania · Jul 23, 2018

In crafting the Code of Conduct, Scrip argued, the Supreme Court clearly expressed its intent to provide a 7 remedy to judicial employees under the Whistleblower Law. … to such claims; and (b) the Code of Conduct, which requires Judicial employees to report wrongdoing, qualifies as a public policy of the Commonwealth.

John Doe 1 v. Franklin County

139 A.3d 296 · Commonwealth Court of Pennsylvania · May 20, 2016

High Public Official Immunity to Statutory Claims Common pleas held that Sheriff Anthony is qualified for high public official immunity and is, therefore, insulated from all liability for the complained of acts in … First, a party may raise the affirmative defense of immunity as a preliminary objection where it is clearly applicable on the face of the complaint; that is, that a cause of action is made against a governmental

Farago v. Sacred Heart General Hospital

365 Pa. Super. 1 · Supreme Court of Pennsylvania · Jul 23, 1987

Farago claims that she was raped; however, this has never been established. … Additionally, as a collateral matter to this issue of immunity, appellants argue that the lack of restraint upon Mrs. Farago was not a treatment decision which could be accorded immunity.

In Re: Pennsylvania Continuing Judicial Education

Supreme Court of Pennsylvania · Dec 9, 2016

Continuing Judicial Education Board of Judges (a) Establishment. The Supreme Court hereby establishes the Continuing Judicial Education Board of Judges. (b) Purpose. … (h) Immunity.

Browne v. Commonwealth, Department of Transportation

843 A.2d 429 · Commonwealth Court of Pennsylvania · Mar 1, 2004

Browne states therein that she presented sufficient *435 evidence to overcome the township’s governmental immunity claim, and that its actions fell within the real estate and utility service exceptions to the grant of immunity … The investigating officer is not qualified to interpret the report supplied by Cpl. Mauger.”

K.G. Sheehan Vello v. D. DeMarco

Commonwealth Court of Pennsylvania · Jul 10, 2025

Because we conclude the facts averred do not establish with certainty that immunity applies, we affirm Common Pleas’ decision. … Without further factual development establishing the nature and purpose of the Board’s meeting, we agree with Common Pleas that DeMarco is not entitled to quasi-judicial immunity.