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  • Lins v. Pennsylvania SPCA

    Publication Date: 2023-07-10
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-3975

    Defendants moved for summary judgment in plaintiff's action alleging fourth amendment unreasonable seizure of his dogs, fourteenth amendment due process, fourth amendment unreasonable seizure of computers and files, negligence and Monell claims in action over defendants' seizure of dogs from his puppy mill and court found the surrender and release forms plaintiff signed were enforceable and he voluntarily signed the forms, his Monell claims failed because he did not identity any policy or custom and his due process claims failed becau

  • Xi v. Haugen

    Publication Date: 2023-07-10
    Practice Area: Civil Rights
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff: David Rudovsky, Jonathan H. Feinberg, Susan M. Lin Kairys, Rudovsky, Messing, Feinberg & Lin LLP, Philadelphia, PA; Patrick Toomey, Ashley Gorski, Sarah Taitz, American Civil Liberties Union Foundation, New York, NY; Jonathan Hafetz, Seton Hall Law School, Newark, NJ for appellants.
    for defendant: Leif Overvold, Brian M. Boynton, H. Thomas Byron III, Sharon Swingle, U.S. Department of Justice, Washington, DC for appellees.
    Case Number: 21-2798

    "Clearly established" threshold inapplicable to discretionary function exception analysis under FTCA because the government lacked discretion to violate constitutional rights.

  • Orndorf v. Fye

    Publication Date: 2023-07-03
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Haines
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3:22-cv-00012

    Defendants moved to dismiss plaintiff's §1983 complaint alleging violations of her civil rights and suing for emotional distress and malicious prosecution after officers pushed into her house to arrest her boyfriend and charged her with hindering and other crimes and court found there were no exigent circumstances to support officers' entry into the house but there was probable cause for prosecuting plaintiff for hindering apprehension. Motion denied in part and granted in part.

  • Pownall v. Krasner

    Publication Date: 2023-06-26
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-4191

    City and DA defendants moved to dismiss police officer's civil rights action asserting improprieties in officer's prosecution for shooting a fleeing suspect and court found defendants were protected by absolute immunity, prosecutorial immunity and high public official immunity. Motion granted.

  • Medina v. Aprile

    Publication Date: 2023-06-05
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1057

    Defendants moved to dismiss in forma pauperis plaintiff's claims, made for the fifth time, that officers violated his constitutional rights during his arrests and court found he failed to state viable claims, amendment was futile because many of the claims were time barred and declined to exercise supplemental jurisdiction over plaintiff's state law claims. Motion granted.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Borowski v. Kean Univ.

    Publication Date: 2023-05-26
    Practice Area: Administrative Law | Civil Rights | Labor Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Phipps
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1575

    Plaintiff appealed the district court's dismissal of her complaint.

  • C.U. v. City of Philadelphia Dep't of Human Serv.

    Publication Date: 2023-05-22
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-4950

    Defendants moved to dismiss parents' §1983 action asserting constitutional violations in the imposition of a ban on parents' visiting ill child in hospital and court found parents adequately pled state action for their §1983 claim, deprivation of a 14th amendment liberty interest and sufficiently pled a Monell claim on a failure-to-train theory but failed to do so on a municipal-policy theory. Motion granted in part and denied in part.

  • Key v. Pennsylvania Dep't of Corr.

    Publication Date: 2023-05-22
    Practice Area: Civil Rights
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 62 M.D. 2022

    Preliminary objections to inmate's challenge to mailroom policies overruled where inmate had sufficiently alleged an injury in fact by claiming that he had requested items mailed to him and those items were rejected by mailroom staff without notice or opportunity to challenge the rejection. Defendant's preliminary objections overruled.

  • Moorehead v. Sch. Dist. of the City of Allentown

    Publication Date: 2023-05-08
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:22-cv-03959-JMG

    Former employee sufficiently alleged First Amendment retaliation and due process claims arising from employee's attendance at political rally, but claims failed against individual defendants who did not personally participate in the employee's termination. Defendants' motion to dismiss/strike granted in part and denied in part.

  • Gardner v. Carter

    Publication Date: 2023-05-01
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 413 C.D. 2020

    Trial court erred in conducting evidentiary hearing in response to defendants' summary judgment motion after initially finding genuine issues of material fact, as plaintiff had requested a jury trial and the evidentiary hearing effectively functioned as a bench trial by creating evidence not in the record at the time defendants filed their motion. Order of the trial court vacated, case remanded.