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Court held that a district court has the authority to modify an arguably unlawful condition of supervised release raised in a motion pursuant to 18 U.S.C. § 3583(e)(2) when properly challenged below by exhausting all challenges to the legality of a condition of supervised release. Reversed and remanded.
Appellant prisoner appealed the trial court's order dismissing as frivolous his complaint asserting constitutional and pandemic safety protocol violations by Department of Corrections personnel. The court vacated and remanded for further proceedings where plaintiff plausibly alleged that prison officials violated the Eighth Amendment by placing him at risk of contracting COVID-19 when they failed to adhere to the Department's COVID-19 safety protocols and retaliated against him for filing associated grievances.
The court granted in part and denied in part the motion to dismiss filed by municipal defendants on plaintiff's 42 U.S.C. §1983 charges of state-created danger liability and municipal liability. The state-created danger liability claim survived.
Plaintiff student appealed the district court's order affirming an administrative hearing officer's rejection of her claim that defendant school district denied her a free appropriate public education. The court affirmed, holding plaintiff was not denied a FAPE when defendant moved to remote instruction during the COVID-19 pandemic.
Publication Date: 2024-07-12 Practice Area:Criminal Law Industry: Court:Commonwealth Court Judge:Judge Ceisler Attorneys:For plaintiff: for defendant: Case Number: 1324 C.D. 2020
Trial court erred in granting appeal nunc pro tunc appeal of license suspension for refusal of chemical testing where outcome of related DUI criminal charges was not relevant to the refusal of testing. Order of the trial court vacated.
Trial court erred in not requiring city to present its evidence first in hearing over an alleged zoning violation because §616.1(d) of the Municipalities Planning Code was mandatory and could not be waived. Reversed.
Publication Date: 2024-07-12 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge McLaughlin Attorneys:For plaintiff: for defendant: Case Number: 1613 EDA 2023
Totality of circumstances warranted officers' traffic stop to check on driver's welfare under the community caretaking doctrine, with subsequent interaction providing reasonable suspicion for DUI investigation. Judgment of sentence affirmed.
Defendants moved to dismiss plaintiff's employment discrimination complaint. The court granted the motion in part and denied it in part, holding that a terminated white male employee stated a disparate treatment claim under Section 1981 and state law where he alleged that he was discriminated against and fired on the basis of race.
Refusal of chemical testing was conscious and voluntary where licensee's wrist discomfort did not prevent him from making a knowing decision and where police were not required to force arrestees to pay attention when being read implied consent warnings. Order of the trial court affirmed.
Publication Date: 2024-07-12 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 1460 MDA 2023
Appellant appealed the denial of his first petition for post-conviction relief. The court affirmed, holding in pertinent part that sufficient evidence supported appellant's jury conviction of aggravated assault where appellant provoked a confrontation, sucker-punched his smaller victim, and attempted to continue his assault as the victim lay unconscious.