Case law

Allen v. Pennsylvania Society for the Prevention of Cruelty to Animals

488 F. Supp. 2d 450 · District Court, M.D. Pennsylvania · May 14, 2007

In her capacity as police officer and complaining witness, Hopkins is, at best, entitled to qualified immunity. See Kalina v. … No. 20, ¶¶ 9, 31-33) are problematic to an assertion of qualified immunity.

Barasky

District Court, M.D. Pennsylvania · Dec 18, 2025

Barasky avers that Defendants are not entitled to qualified immunity because they acted unreasonably and violated his clearly established right not to be arrested or detained without probable cause. … Qualified immunity is applicable unless the official's conduct violated a clearly established constitutional right. Montanez v.

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

Feleccia, A. v. Lackawanna College

2017 Pa. Super. 44 · Superior Court of Pennsylvania · Feb 24, 2017

the intent of the parties; 3) the language of the contract must be construed, in cases of ambiguity, against the party seeking immunity from liability; and 4) the burden of establishing the immunity is … Code § 18.50(a), (b). 10 The Medical Good Samaritan civil immunity statute provides as follows: (a) General rule.

Wesleyville Borough v. Erie County Board of Assessment Appeals

29 Pa. D. & C.4th 242 · Pennsylvania Court of Common Pleas, Erie County · Aug 18, 1995

owned by a municipality and devoted exclusively to public purposes is immune from any form of taxation or assessments unless a statute clearly and unequivocally expresses the legislative will that such property shall not … be immune: . . .

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

Minor v. Cumberland Township

258 F. Supp. 3d 518 · District Court, W.D. Pennsylvania · Jun 27, 2017

Qualified Immunity The Officer Defendants assert qualified immunity as & defense as to all of Plaintiffs’ Section 1983 claims. (Doc. 62) at 24. … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.

Ruscavage v. Zuratt

821 F. Supp. 1078 · District Court, E.D. Pennsylvania · Apr 30, 1993

Government officials performing discretionary functions are entitled to immunity from damages for civil rights violations “insofar as their conduct does not violate clearly established statutory or constitutional rights of … Defendant is not entitled to qualified immunity from damages because he acted in bad faith to retaliate against Plaintiff. *1084 D.

Gatter v. Zappile

67 F. Supp. 2d 515 · District Court, E.D. Pennsylvania · Oct 7, 1999

Although not raised by the defendants, Dan-bach and Williamson have the additional defense of qualified immunity. … Police officers and other government officials have qualified immunity from suit under section 1983 so long as " ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

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.

Harristown Development Corp. v. Commonwealth

135 Pa. Commw. 177 · Commonwealth Court of Pennsylvania · Sep 14, 1990

This is clearly within the legislative sphere. … Similarly, the HDC does not qualify as an agency under the Right-to-Know Law.

Lojeski v. Boandl

602 F. Supp. 918 · District Court, E.D. Pennsylvania · Jan 23, 1985

Therefore, defendants’ reliance on the sovereign immunity doctrine is misplaced. Defendants next argue that they are entitled to the qualified immunity de *921 fense established by the Supreme Court in Scheuer v. … However, it is the law of this circuit that the qualified immunity defense cannot be determined on a Fed.R.Civ.P. 12(b)(6) motion. Thompson, supra; Fidtler v.

M.B. v. Schuylkill Cnty.

375 F. Supp. 3d 574 · District Court, E.D. Pennsylvania · Mar 21, 2019

Hoke is insulated by qualified immunity. … "To resolve a claim of qualified immunity, courts engage in a two-pronged inquiry: (1) whether the plaintiff sufficiently alleged the violation of a constitutional right, and (2) whether the right was 'clearly established

Coover v. Saucon Valley School District

955 F. Supp. 392 · District Court, E.D. Pennsylvania · Feb 26, 1997

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the United States Supreme Court established the standard for a grant of qualified immunity. … If the law was clearly established, the Court held that “the immunity defense ordinarily should fail____” Id. at 818-19 , 102 S.Ct. at 2738 .

D.N. Ex Rel. Nelson v. Snyder

608 F. Supp. 2d 615 · District Court, M.D. Pennsylvania · Mar 31, 2009

Qualified Immunity Qualified immunity protects a state actor who has committed constitutional violations if the plaintiffs rights were not “clearly established” when the individual acted. Pearson v. … The court finds that Snyder and Watts are not entitled to qualified immunity.

Schmidt v. Degen

376 F. Supp. 664 · District Court, E.D. Pennsylvania · Jun 6, 1974

Historically, “[f]ew doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction . ” Pierson v. … This decision, built upon the established principle that executive immunity is qualified, does not alter the broad sweep of judicial immunity. As my colleague, Judge VanArtsdalen, recently observed in Cohen v.

Gahagan v. Pennsylvania Board of Probation & Parole

444 F. Supp. 1326 · District Court, E.D. Pennsylvania · Feb 13, 1978

Nor is the good faith qualified immunity for executive officers properly before us. … Furthermore, Parole Board members and probation officers are entitled to a qualified immunity in which they are immune from suit if they acted in good faith. Id.

McHenry v. PA. STATE SYSTEM OF HIGHER EDUC.

50 F. Supp. 2d 401 · District Court, E.D. Pennsylvania · May 11, 1999

The Supreme Court has explained what it means by clearly established law for the purpose of qualified immunity: The contours of the right must be sufficiently clear that a reasonable official would understand what he is doing … If the actions of the government official, as alleged by the plaintiff, do not even rise to a level of a constitutional violation, then that official is clearly entitled to qualified immunity.

Stana v. School District

598 F. Supp. 842 · District Court, W.D. Pennsylvania · Dec 4, 1984

Two elements must be established to constitute a violation of 42 U.S.C. § 1983 . … We believe that Plaintiff clearly has redress in the state courts of Pennsylvania. E.g. McKelvey v. Colonial School Dist., 22 Pa.Commwlth. 207, 348 A.2d 445 (1975).

DOMINIC J. v. Wyoming Valley West High School

362 F. Supp. 2d 560 · District Court, M.D. Pennsylvania · Mar 22, 2005

to qualified immunity with respect to Plaintiffs’ Fourth and Fourteenth Amendment claims. 2 A public official subject to suit pursuant to § 1983 may be entitled to the defense of qualified immunity. … Because of the absence of a constitutional violation, the Court need not proceed further in determining whether Defendant Tribendis is entitled to qualified immunity.