Case law

FANTAUZZI v. WETZEL

District Court, E.D. Pennsylvania · Sep 18, 2019

The Department of Corrections is immune to claims for damages in federal court under the Eleventh Amendment, and its above-named officials “share[] in the Commonwealth’s Eleventh Amendment Immunity.”?? … Levi, 696 F.3d 352, 367 (3d Cir. 2012) (confirming even an unsentenced inmate “had a clearly established constitutional right to have prison officials protect him from inmate violence.”). 17 See id.

Pennsylvania Gas & Water Co. v. Kassab

14 Pa. Commw. 564 · Commonwealth Court of Pennsylvania · Jul 23, 1974

The pollution which will thus occur will violate the plaintiffs’ rights as established in Art. … This allegation is denied generally in plaintiffs’ reply to new matter and is there qualified by the plaintiffs’ assertion that the specific relief prayed for in the complaint, a restraining order, is not within the powers

Augenti v. Cappellini

84 F.R.D. 73 · District Court, M.D. Pennsylvania · Aug 31, 1979

Police officers do enjoy a qualified immunity for acts done in the performance of their official functions. This immunity extends only to acts taken in good faith and upon a reasonable belief. Pierson v. … As pointed out in Wright and Miller, supra at page 212, et seq. — this “work product rule” is often spoken of as creating a “privilege” when in reality it is more accurate to say that it gives a “qualified immunity from discovery

Combs v. Borough of Ellsworth

151 Pa. Commw. 21 · Commonwealth Court of Pennsylvania · Oct 5, 1992

The School District filed the same preliminary objections in the nature of a demurrer as formerly, alleging both immunity from liability, and the failure of appellants to set forth facts establishing any exception to immunity … Appellants argue that their complaint clearly established that the School District was under a duty to provide a safe school bus stop for minor appellant, that it was negligent in breaching said duty, and that this breach

Dorsey v. Redman

22 A.3d 274 · Commonwealth Court of Pennsylvania · May 4, 2011

Therefore, Register qualifies as an employee of a "local agency.” 9 . … Implicit in the idea that officials have some immunity — absolute or qualified — for their acts, is a recognition that they may err.

Berg v. Consolidated Freightways, Inc.

280 Pa. Super. 495 · Superior Court of Pennsylvania · Sep 12, 1980

. *501 Clearly the normal foreseeable harm to an employee that goes with any job termination was exceeded, see, Geary, supra. … Depending upon the importance of defendants actions to society, the privilege may be absolute or qualified.

Z.F.I v. Bethanna, W.

2020 Pa. Super. 286 · Superior Court of Pennsylvania · Dec 16, 2020

They were clearly listed in her report. She clearly offered this opinion. ... MR. DOYLE: She clearly offered this opinion. … The Defender Association then filed a supplemental post-trial motion, claiming it was entitled to JNOV “based upon a qualified sovereign immunity.”

Mitchell v. W.S. Cumby & Son, Inc.

704 F. Supp. 65 · District Court, E.D. Pennsylvania · Jan 3, 1989

These facts clearly establish that Cumby controlled or occupied the premises. … This evidence, in combination with the contractual evidence, clearly establishes that Cumby entrusted part of its regular business to RVS.

Bucks County Community College v. Bucks County Board of Assessment Appeals

147 Pa. Commw. 505 · Commonwealth Court of Pennsylvania · Apr 28, 1992

We are asked to decide whether a Community College established pursuant to the Community College Act of 1963 (CC Act) 1 is an “instrumentality of the Commonwealth” and thereby immune from local taxation. 2 *507 On June 28 … IMMUNITY OF THE SOVEREIGN FROM TAXATION More than a half century ago, our Supreme Court held that a political subdivision cannot tax real estate owned by the Commonwealth “unless it points to a statute clearly authorizing

Gallagher v. COM. OF PA., BUR. OF CORR.

118 Pa. Commw. 516 · Commonwealth Court of Pennsylvania · Aug 12, 1988

A number of recent cases establish that this section is inapplicable to this case. The exceptions to the rules of immunity must be strictly construed and narrowly interpreted. Mascaro v. … Those cell bars are clearly fixtures and hence part of the real property. Appellant asks that we also view those bars as a defective “ladder”.

Marker v. Commonwealth, Department of Transportation

677 A.2d 345 · Commonwealth Court of Pennsylvania · Feb 14, 1996

realty as required by the Sovereign Immunity Act. 2. … Clearly, Marker had the burden in this matter and the record reveals that Marker failed to satisfy his burden. Therefore, the trial court erred in not granting DOT’s motion for post-trial relief.

Burk v. Runk

District Court, M.D. Pennsylvania · Dec 28, 2021

Qualified Immunity Lastly, Defendants assert that, even if their actions “violated a constitutional right,” qualified immunity “shield[s] them from liability.”84 Defendants … (rejecting qualified immunity defense for failure-to-protect claim and citing Carter v.

American Federation of State, County & Municipal Employees v. Shapp

443 Pa. 527 · Supreme Court of Pennsylvania · Jun 24, 1971

We believe the Order granting the plaintiffs a preliminary injunction was justified only if the Governor’s actions were clearly in violation of plaintiffs’ Constitutional or Statutory rights. … , the Voting Rights Act of 1965, as amended by the Voting Rights Act of 1970, 42 U.S.C. §1971 , on which plaintiffs rely, was enacted to provide and make certain that all citizens of the United States, who are otherwise qualified

King v. Timmoney

263 F. Supp. 2d 977 · District Court, E.D. Pennsylvania · Apr 29, 2003

Moreover, “[t]he pre *981 sumption is that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties. … Moreover, the Third Circuit has found that absolute immunity does not extend to allegations that a district attorney’s office failed to establish proper training, supervision and discipline policies which would reduce the

Hain v. Borough of West Reading

1 Pa. D. & C.5th 273 · Pennsylvania Court of Common Pleas, Berks County · Nov 13, 2007

.” *276 To determine what constitutes a statutory employer, our courts have relied on long-standing precedent established by the Pennsylvania Supreme Court in the case of McDonald v. … He fell from the scaffolding, suffering injuries. *277 Under these facts, Stirling clearly qualifies as a statutory employer, meeting all five requirements of the McDonald test.

D'IORIO v. County of Delaware

447 F. Supp. 229 · District Court, E.D. Pennsylvania · Feb 22, 1978

They should only have a qualified immunity for these functions. See generally Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975); Scheuer v. … In addition, the qualified as well as the absolute immunity applies only to prosecutors when they are sued in their individual capacity for damages.

Finn v. City of Philadelphia

165 Pa. Commw. 255 · Commonwealth Court of Pennsylvania · Oct 12, 1994

Snyder clearly stated that the critical word in the real estate exception language is “of’ in the phrase “[a] dangerous condition of Commonwealth agency real estate.” … Instead, Finn’s complaint clearly establishes that the accumu *265 lation of grease on the sidewalk was deposited by cars and trucks which were previously parked there.

Hontz

District Court, M.D. Pennsylvania · Mar 5, 2026

Because of the qualified immunity afforded to police officers, the question is whether the defendant violated clearly established law. … Whether the Right Was Clearly Established Qualified immunity shields police from false arrest and malicious prosecution claims unless they violated a right that was clearly established at the time the defendant acted

Taha v. Bucks County Pennsylvania

367 F. Supp. 3d 320 · District Court, E.D. Pennsylvania · Feb 14, 2019

Pa. 2016) ("It is well-established that a party's failure to argue an issue on summary judgment constitutes a waiver of that issue."). … Nevertheless, in Section 9183(b)(2) the General Assembly clearly expressed its purpose of imposing punitive damages on a per-violation basis.

Cutler v. Bellefonte Area School District

97 F. Supp. 3d 586 · District Court, M.D. Pennsylvania · Mar 16, 2015

To determine if an individual defendant qualifies as a high public official for purposes of absolute immunity, the court must consider, on a case-by-case basis, “the nature of [the official’s] duties, the importance of his … Unlike the plaintiff in Graham , Plaintiff in the instant case did not allege facts which could establish that Defendant’s actions went beyond his official authority.