Pennsylvania Immunity Law

Adam Urda v. Jeffrey Sokso

Scranton, Pennsylvania, personal injury lawyer represented the Plaintiff who sued civil rights violation theory. One Saturday afternoon, LaRae Bowen had some friends over, including her coworker Urda. The group headed down to a lake and tried to start a bonfire. But the wood was still wet from some rain and would not catch. Then one partygoer had an idea: He went to his truck and got a qu... More...

$0 (07-22-2025 - PA)

Martha Stringer and Pual Stringer v. County of Bucks, et al.

Philadelphia, Pennsylvania personal Injury lawyers represented the plaintiff on a civil rights violation claim. In spring 2020, Plaintiffs Martha and Paul Stringer received news that any parent would dread: Their daughter, Kimberly, who had long struggled with severe mental illness, had been detained after an altercation with a neighbor and was being mistreated by the staff of the Buc... More...

$0 (06-23-2025 - PA)

Jorge Rivera-Guadalupe v. City of Harrisburg, et al.

Harrisburg, Pennsylvania civil rights layer represented the Plaintiff who sued the Defendants claiming that he was maliciously prosecuted. In May of 2017, Rivera-Guadalupe was living in a one- room unit in a rooming house in Harrisburg, Pennsylvania. This was not a pleasant dwelling. In his complaint, he called it "a noisy placeâ€ where "visitors were always coming and<b... More...

$0 (12-24-2024 - PA)

Commonwealth of Pennsylvania v. Mindyn Lynn Marmillion

<h2> Towanda, Pennsylvania criminal defense lawyer represented the Defendant charged with delivery of a controlled substance, possession of a controlled substance, and recklessly endangering another person ('REAP'). </h2> Defendant was found guilty. Defendant claimed the trial court improperly convicted her of delivery of a controlled substance for several reasons, but mo... More...

$0 (11-12-2024 - PA)

Dean Villanova v. United States of America Department of the Interior National Park Service

<h2> Philadelphia Federal Tort Claims Act personal injury lawyer represented the Plaintiff. </h2> After his slip and fall at Independence National Historic Park, Plaintiff Dean Villanova proceeds against the United States of America under the Federal Tort Claims Act, and the City of Philadelphia and MainStreme Production Company, Inc. under Pennsylvania law. 28 U.S.C. Â§ 1346; (... More...

$0 (10-11-2024 - PA)

<H2> Duane Andrew Fuoss v. United States of America </H2>

Pittsburgh, Pennsylvania personal injury car wreck lawyer represented Plaintiff, who sued Defendant on a Federal Tort Claims Act (28 U.S.C. 2671) auto negligence theory claiming that an employee of the United States government employee's negligence in operating a motor vehicle. These elements of a claimed for personal injuries suffered in a car wreck in Pennsylvania are duty, breach, caus... More...

$1 (10-03-2022 - Pa)

Hoffman v. United States

Petitioner has been convicted of criminal contempt for refusing to obey a federal court order requiring him to answer certain questions asked in a grand jury investigation. He raises here important issues as to the application of the privilege against self-incrimination under the Fifth Amendment, claimed to justify his refusal. Page 481 A special federal ... More...

$0 (05-28-1951 - PA)

RAHEEM JACOBS v. CUMBERLAND COUNTY; WARDEN ROBERT BALICKI; JOHN DOE CORRECTIONS OFFICERS 1-6,FICTITIOUS INDIVIDUALS; MICHAEL WILLIAMS; NEIL ARMSTRONG; MICHAEL ANDERSON; EMANUAL MORRERO; MANUAL VELESQUEZ

<center><h2><center> Philadelphia, PA - Criminal defense lawyer represented defendants with a violation of the Fourteenth Amendment right charge. </h2></center> Jacobs was held in the C dorm of Cumberland County Jail as he awaited trial for a weapons charge. On the morning of February 25, 2015, Jacobs got into a fight with Bruce Hanby, one o... More...

$0 (08-24-2021 - PA)

GERONIMO LOZANO v. STATE OF NEW JERSEY; ELIZABETH POLICE DEPARTMENT; SERGEANT RODNEY DORILUS; OFFICER DAVID HERNANDEZ; OFFICER TIMOTHY GOLDATE; UNION COUNTY; JOHN & JANE DOE 1-10; ABC CORP. 1-10, (fictitious names for persons, firms, or corporations presently unknown) DAVID HERNANDEZ

<center><h2><center> Philadelphia, PA - Criminal defense lawyer represented defendant with one count of driving while intoxicated and one count of refusal to take a breath test charges. </h2></center> Lozano is a former Marine who was discharged for medical reasons and still suffers from multiple conditions, including severe asthma, an impaired a... More...

$0 (08-24-2021 - PA)

United States of America v. GARTOR KIKI BROWN

<center><h2> Philadelphia, PA - Criminal defense lawyer represented defendant with the District Court's dismissal of several of his claims and the grant of summary judgment in favor of defendants. </h2></center> Brown was arrested in August 2015.1 Detective Raymond Blohm of the Upper Darby Police Department subsequently obtained a search warrant... More...

$0 (07-17-2021 - PA)

William R. Jones v. Unknown D.O.C. Bus Driver and Transportation Crew

If a prisoner wants to file a §1983 suit, he must exhaust the prison’s internal administrative remedies first. Because he must clear this hurdle before suing, we wait to start the limita-tions clock until after he has exhausted them (or after his re-lease, whichever comes first). This is true whether he sues from prison or sues after his release. Either way, the plaintiff had to delay filing wh... More...

$0 (12-13-2019 - PA)

Briaheen Thomas v. Deputy Superintendent Tice

Briaheen Thomas appeals from the District Court’s order granting summary judgment to Deputy Superintendent Eric Tice, Deputy Mark Garman, Correction Classification and Program Manager Timothy Miller, and Major Heather Halderman. For the reasons discussed below, we will affirm in part and reverse in part the District Court’s order. I At all relevant times for this appeal, Thomas was an ... More...

$0 (11-12-2019 - PA)

Earl Patterson v. Pennsylvania Liquor Control Board

<center> <img width="300" src="http://www.paed.uscourts.gov/graphics/active/ByrneSmall.jpg"> </center> Earl Patterson was employed as a maintenance person for the Pennsylvania Liquor Control Board (“PLCB”) when he reported for duty at a PLCB-operated liquor store in Eddystone, Pennsylvania. Shortly after his arrival, the location’s assistant manager accused him of... More...

$0 (02-12-2019 - PA)

Tam Thanh Nguyen v. Commonwealth of Pennsylvania and Jared Bromberg

<center> <img width="200" src="https://upload.wikimedia.org/wikipedia/commons/2/23/Court_of_Appeals_3rd_Circuit_Seal.jpg"> </center> A claim that a search was unconstitutional accrues when the officer conducts the search, not when a court later declares it unconstitutional. So the statute of limitations runs from the time of the search, not the time of the court decision.<b... More...

$0 (10-13-2018 - PA)

Kristen Giovanni v. United States Department of the Navy

<center> <img width="300" src="http://www.paep.uscourts.gov/sites/paep/files/styles/gallery_slider_full/public/phila1_0.jpg?itok=2YIDLoh-"> </center> The Giovanni family and the Palmer family live in neighborhoods close to contaminated federal facilities that were owned and operated for decades by the United States Navy. The families filed separate suits in state court under the P... More...

$0 (10-03-2018 - PA)

Carol Lee Walker v. Senior Deputy Brian T. Coffey

<center> <img width="300" src="http://www.paep.uscourts.gov/sites/paep/files/styles/gallery_slider_full/public/phila1_0.jpg?itok=2YIDLoh-"> </center> Appellant Carol Lee Walker commenced this action under 42 U.S.C. § 1983. She alleges that Appellees—a prosecutor and a special agent employed by the Pennsylvania Office of the Attorney General (OAG)—violated her Fourth Amendment righ... More...

$0 (09-24-2018 - Pa)

Brandy Kane v. Shawn Barger

On June 27, 2013, Brandy Kane went to the hospital and reported that she may have been the victim of a sexual assault. That night, Officer Shawn Barger of the Coraopolis Police Department went to the hospital to interview Kane regarding the possible assault. At that time, Kane says Barger told her to bring the clothes she wore during the alleged incident to him at the police station. The next ... More...

$0 (08-23-2018 - PA)

Lea Augustin v. City of Philadelphia

This case involves a group of landlords who object to the system of liens used by the City of Philadelphia to collect unpaid gas bills. The District Court certified a class and held that the City had violated the landlords’ rights under the Due Process Clause of the Fourteenth Amendment. The City filed this appeal, arguing that its procedures for collecting gas debts are constitutional. We agree... More...

$0 (07-23-2018 - PA)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger

In Vanderklok v. United States, 868 F.3d 189 (3d Cir. 2017), we declined to imply a Bivens cause of action against airport screeners employed by the Transportation Security Administration (TSA) in part because they “typically are not law enforcement officers and do not act as such.” Id. at 208. We now must decide a related question that we anticipated, but did not resol... More...

$0 (07-13-2018 - PA)

Nicole Haberle v. Officer Daniel Troxell

Timothy Nixon was a troubled man. After stealing a firearm, he told his partner, Nicole Haberle, that he was going to commit suicide. When a police officer employed by the Borough of Nazareth learned of that threat, he did not wait for trained crisis support professionals but instead knocked on the door of the apartment where Nixon was located and announced his presence. Nixon immediately shot him... More...

$0 (03-22-2018 - PA)

Colleen M. Bradley v. West Chester University of The Pennsylvania State Sytem of Higher Education

While employed in an administrative position at West Chester University of Pennsylvania, Colleen Bradley shared her concerns about one of the school’s budget documents with her colleagues. Subsequently, she was informed by her supervisor that her employment contract would not be renewed. Arguing that her speech was protected by the First Amendment to the United States Con... More...

$0 (02-02-2018 - PA)

Anthony Migliaro v. Fidelity National Indemnity Insurance Company, a/k/a Wright National Flood Insurance Company

The issue in this case is whether the rejection of a policyholder’s proof of loss constituted a “written denial of all or part of the claim,” thereby triggering the one-year statute of limitations that is set forth in every Standard Flood Insurance Policy (“SFIP”). After receiving a payment from Fidelity National Indemnity Insurance Company, based on an adjuster’s assessment of the dam... More...

$0 (02-02-2018 - PA)

John Barna v. Board of School Directors of the Panther Valley School District

Plaintiff John Barna filed a lawsuit under 42 U.S.C. § 1983 alleging that the Panther Valley School Board (“School Board” or “Board”) and several of its officials violated his First Amendment rights by categorically banning him from attending Board meetings after he was threatening and disruptive on several occasions. The Board and the individual officials moved for summary judgment. ... More...

$0 (12-13-2017 - PA)

Joan Kedra v. Richard Schroeter

This case arises from the grievous death of State Trooper David Kedra, who was shot and killed by his instructor, then-Corporal Richard Schroeter, during a routine firearms training. Although a long-term veteran of the police force and specifically certified in the safe use of firearms, ** Honorable Michael J. Melloy, Senior Circuit Judge, United States Court of Appeals for... More...

$0 (12-03-2017 - PA)

Michael Souryavong v. Lackawanna County

In November of 2011 Sheldon Mann, a football player for the Palmerton Area School District, experienced a hard hit during a practice session. While some players thought that Sheldon may have been exhibiting concussion-like symptoms, he was sent back into the practice session by his Coach, Appellee Chris Walkowiak. After being returned to practice, Sheldon suffered another violent collision and was... More...

$0 (10-03-2017 - PA)

Estate of Jeffrey H. Ware v. Hospital of the University of Pennsylvania, et al.

Barbara Boyer, the widow of a cancer researcher who developed a fatal tumor allegedly as a result of inadequate safety precautions taken to protect him from radiation in his lab, sued the University of Pennsylvania together with affiliated persons and entities.1 Before us is the reach of the Price-Anderson Act, see 42 U.S.C. § 2011, et seq., and its remedy-limiting provisions. The Act gives feder... More...

$0 (09-25-2017 - PA)

United States of America v. Khayri Battle, Shane Brooks, and Bobby Rodgers

Pittsburgh, PA - 4 Defendants Sentenced to Prison for Refusing to Testify during Heroin Trial A resident of Newark, New Jersey and three residents of Duquesne, Pennsylvania, each were sentenced in federal court to nine months of incarceration and three years of supervised release on their convictions for Contempt of Court. United States District Judge Reggie B. Walton imposed the... More...

$0 (09-12-2017 - PA)

Lena Davenport v. Borough of Homestead, et al.

On an early Sunday morning in January 2013, Lena Davenport was riding in the front passenger seat of a vehicle driven by her son Donald Burris, Jr. After running a red light and refusing to pull over, Burris led police officers on a nearly five-mile low speed pursuit into the City of Pittsburgh. As the pursuit entered an area with high pedestrian traffic, City of Pittsburgh... More...

$0 (08-29-2017 - PA)

Angela Borrell v. Bloomburg University

This appeal—which raises questions involving the state action doctrine and the Due Process Clause of the Fourteenth Amendment—has important ramifications for private hospitals that partner with public universities. Angela Borrell, a student working at a private hospital through a public university’s clinical program, was dismissed for refusing to take a drug test in violation of hospital pol... More...

$0 (09-03-2017 - PA)

Ronald Kelly v. Maxium Speciality Insurance Group

This case presents a situation familiar to our district courts. Two related lawsuits are pending — one each in state and federal court. The state action seeks to determine a defendant’s liability for an alleged harm, and the federal action seeks only a declaratory judgment on an insurer’s obligation to defend and indemnify the defendant. The District Court here exercised its discretion to ab... More...

$0 (08-21-2017 - PA)

Roger Vanderklok v. United States of America

Roger Vanderklok wanted to fly from Philadelphia to Miami, where he intended to run a half-marathon. In his carry-on luggage, he had a heart monitor and watch stored inside a piece of PVC pipe that was capped on both ends. During screening at the airport security checkpoint, the pipe and electronics prompted secondary screening, supervised by Transportation Security Adminis... More...

$0 (08-23-2017 - PA)

Joseph E. De Ritts v. Thomas J. McGarrigle, et al.

To explain a perceived demotion to judges, other attorneys, and county officials, Appellee, an Assistant Public Defender, circulated a rumor he had heard and alleged he was being punished for taking too many cases to trial. After the Public Defender fired Appellee for those statements, Appellee filed suit, claiming a violation of his First Amendment rights, and the District Court denied the Public... More...

$0 (06-29-2017 - PA)

Jane Doe v. Mercy Catholic Medical Center

Medical residencies are a vital component of American medical education. McKeesport Hosp. v. ACGME, 24 F.3d 519, 525 (3d Cir. 1994). They provide new doctors a supervised transition between the pure academics of medical school and the realities of practice. Generally they do so successfully: Our nation’s residency programs reliably produce some of the “finest physicians and medical researchers... More...

$0 (03-13-2017 - PA)

Commonwealth of Pennsylvania v. Mark A. Haynes, David M. Whitcomb and Daniel H. Graff

York, PA - The Commonwealth of Pennsylvania charged Mark A. Haynes, David M. Whitcomb and Daniel H. Graff official oppression in violation of 18 P.S. 903, conspiracy in violation of 18 P.S. 5301 and harassment in violation of 18 P.S. 2709 claiming that they defendants county prison guards staged fights between inmates as part of a "Fight Club" that pitted inmates against one another. The State cla... More...

$0 (01-08-2016 - PA)

AT&T Corp v. Core Communications Inc

Congress passed the Telecommunications Act of 19961 (TCA) to “fundamentally restructure[] local telephone markets.”2 Before the TCA, local telephone service companies operated as government-regulated monopolies. “States typically granted an exclusive franchise in each local service area to a local exchange carrier (LEC).”3 One of the TCA’s principal aims “was to end local telephone ... More...

$0 (12-24-2015 - PA)

Shemtov Michtavi v. William Scism

While he was incarcerated at Allenwood, Michtavi received an operation to treat his prostate. The Federal Bureau of Prisons (“BOP”) contracted with Dr. Chopra, who was not a BOP employee, to perform the surgery. After the surgery, Michtavi noticed that the quantity of his ejaculate had reduced. He was diagnosed with retrograde ejaculation. He asked the BOP to treat this problem “because... More...

$0 (12-24-2015 - PA)

Maria Garlick v. Trans Tech Logistics Inc

George Garlick drove a water truck for Trans Tech Logistics (“TTL”).3 TTL leased its vehicles and provided drivers to QC, which operated “a bulk tank truck network serving the chemical, bulk liquid, and energy markets.” App. 155. QC contracted TTL to haul water via baby bottle trucks, to and from natural gas fracking sites, operated by Anadarko, an oil and gas produc... More...

$0 (12-21-2015 - PA)

Shemtov Michtavi v. William Scism

Shemtov Michtavi, a pro se prisoner, brought suit against William Scism, former warden of the Federal Correctional Institution in Allenwood, D. Spotts, former Assistant Health Services Administrator and medical supervisor at Allenwood, and Dr. J. Miller, supervising physician at Allenwood (“Appellants”), for their failure to treat his retrograde ejaculation condition. Appe... More...

$0 (10-20-2015 - PA)

Kelly Fanti v. Richard Weinstock

Kelly D. Fanti appeals the District Court’s grant of summary judgment in favor of Appellees, Troopers with the Pennsylvania State Police and employees of the Pennsylvania Department of Transportation (“PennDOT”), on her Fourteenth Amendment substantive and procedural due process claims brought under 42 U.S.C. § 1983. For the reasons set forth below, we will affirm. <br... More...

$0 (10-10-2015 - PA)

United States of America v. Joseph W. Nagle

Joseph Nagle and Ernest Fink were co-owners and executives of concrete manufacturing and construction businesses. The businesses entered into a relationship with a company owned by a person of Filipino descent. His company would bid for subcontracts on Pennsylvania transportation projects as a disadvantaged business enterprise. If his company won the bid for the subcontract, Nagle and Fink’s bus... More...

$0 (09-30-2015 - PA)