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  • Lee v. Univ. of Pennsylvania

    Publication Date: 2021-05-17
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0548

    Defendant dental school moved for summary judgment in plaintiff's Americans with Disabilities Act, Title VII and Pennsylvania Human Relations Act action asserting discrimination on the basis of his disability and national origin and court found plaintiff never lost one accommodation, other accommodation he did lose was not a disability accommodation, he resigned from his position and was not terminated and he showed no evidence of discrimination. Motion granted.

  • McClain v. Connellsville Sch. Dist.

    Publication Date: 2021-05-17
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Wiegand
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0550

    Defendant school district moved to dismiss plaintiff's action asserting discrimination based on sex, a sexually hostile work environment, sexual harassment and retaliation and court found the allegations based on adverse employment actions and retaliation were untimely as to events that occurred before March 2019 and her disparate treatment claim failed but she sufficiently pled a sexually hostile work environment and respondeat superior. Motion granted in part and denied in part.

  • Valenzuela v. Roselle

    Publication Date: 2021-05-10
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0508

    Defendants police officer and township moved to dismiss plaintiff's unconstitutional deprivation of medical care and municipal liability claims after officer shot mentally ill man and court found the deprivation of medical care claim would benefit from development of the record and plaintiff sufficiently alleged a failure to train claim. Motion denied.

  • Simko v. U.S. Steel Corp.

    Publication Date: 2021-04-26
    Practice Area: Civil Rights
    Industry: Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Rendell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0461

    District court correctly dismissed appellant's retaliatory discharge claim because it was not encompassed within his initial EEOC charge of disability discrimination and he failed to file an amended charge within the required 300-day filing period. Affirmed.

  • Peroza-Benitez v. Smith

    Publication Date: 2021-04-26
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0460

    District court erred in granting summary judgment in favor of officer and criminal investigator in plaintiff's §1983 excessive force action because court found a reasonable jury could find C.I.'s actions violated a "clearly established right" where C.I. repeatedly punched plaintiff in the head while he was hanging form a second story window and officer violated a "clearly established right" by tasing a visibly unconscious person. Reversed.

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  • Burley v. Covert

    Publication Date: 2021-04-19
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0384

    The court dismissed an inmate's amended complaint against individuals connected with the correctional facility because plaintiff failed to state a claim for relief.

  • Christmann v. Link

    Publication Date: 2021-04-19
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0430

    Defendant prison facility staff and supervisors moved for summary judgment in plaintiff's §1983 and wrongful death action over husband's death in facility and court found superintendent was entitled to summary judgment on claims against her and nurses provided appropriate treatment but whether officer ignored husband's cellmate's yells for help was an issue for the factfinder to determine. Motion granted in part and denied in part.

  • Edwards v. Albert Einstein Med. Ctr.

    Publication Date: 2021-04-19
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0432

    Defendant employer moved for summary judgment in employee's action asserting race and national origin discrimination in her termination and court found plaintiff established a prima facie case of discrimination and a reasonable jury could find that defendant's proffered reason for plaintiff's termination was pretextual. Motion denied.

  • Smith v. SpiriTrust Lutheran

    Publication Date: 2021-04-05
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Kane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0372

    Defendants moved to dismiss plaintiff's action asserting workplace discrimination pursuant to §1981, §1985, title VII and the Americans with Disabilities Act and court granted dismissal as to her claims under §1985 and the ADA but found she adequately alleged her claims under §1981 and title VII as well as joint employer liability. Motions granted in part affirmed in part.

  • Washington v. City of Philadelphia

    Publication Date: 2021-03-29
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0345

    Defendant police officers moved for summary judgment in plaintiff's action asserting denial of adequate medical care after he was injured while being arrested and court found undisputed facts showed plaintiff's injuries were so obvious that a lay person easily recognized the need for medical treatment, there was a genuine issue of material fact as to whether officers' delay of almost an hour in taking him for medical treatment constituted deliberate indifference and officers were not entitled to qualified immunity. Motion denied.