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227 results for '* topic:"Constitutional Law"' You can use Search Constraints to get even better search results
Publication Date: 2022-01-17
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0050
Commonwealth court properly found the proposed victim's rights amendment violated art. XI, §1 of the Pennsylvania constitution and properly enjoined the secretary from tabulating and certifying the results of the general election regarding that amendment because it manifested separate new rights that were not functionally interrelated. Affirmed.
Publication Date: 2022-01-10
Practice Area: Constitutional Law
Industry: Education | State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0004
Superior court erred in upholding appellant's adjudication of delinquency for making terroristic threats under §2706(a)(3) because neither of appellant's statements were true threats, he did not utter them with conscious disregard of the risk of causing terror and they did not cross the constitutional threshold from protected speech. Reversed.
Publication Date: 2022-01-02
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sánchez
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for defendant:
Case Number: 22-3437
Plaintiff could not maintain his malicious prosecution claim to the extent it relied on the Fourteenth Amendment since a Fourteenth Amendment procedural due process right to be free from malicious prosecution could not have been "clearly established" at the time of the individual defendants' conduct given unsettled law. The court granted in part defendants' motion to dismiss.
Publication Date: 2021-12-20
Practice Area: Constitutional Law
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Carlson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1458
The court could not say, as a matter of law, that defendant was not acting under color of state law when he allegedly interfered with plaintiff's First Amendment rights since the allegations at bar raised questions as to whether his threat of police intervention would have been possible without his presence as a municipal water authority employee. The court denied defendant's motion to dismiss.
Publication Date: 2021-12-20
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1474
Plaintiff alleged fourth amendment excessive force and state law assault and battery against state trooper after plaintiff attempted to evade a traffic stop and was stopped and then shot when he ignored trooper's commands and reached into a bag on the car floor and court found plaintiff posed a significant threat of injury to defendant and others, defendant's use of force was reasonable, was within the scope of his employment and sovereign immunity barred plaintiff's state law claims. Judgment in favor of defendant.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2021-11-08
Practice Area: Constitutional Law
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mariani
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1295
On remand, court found defendants were entitled to judgment on plaintiff's Pennsylvania constitution art. I, §7 claim as it related to the location condition imposed on protesters because the protections afforded by art. I, §7 and the first amendment of the U.S. constitution were inferentially coextensive. Judgment for defendants.
Publication Date: 2021-11-08
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Mundy
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Case Number: 21-1302
Lawful firearms owners who resided or worked in or regularly traveled to a municipality had standing to challenge municipal ordinances regulating the possession and use of firearms as the active enforcement of the ordinances gave the owners a substantial and immediate interest in determining the legality and constitutionality of the ordinances. Order of the commonwealth court affirmed.
Publication Date: 2021-11-08
Practice Area: Constitutional Law
Industry:
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Ranjan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1288
Defendants moved for summary judgment in plaintiff's §1983 action alleging unlawful search and seizure, excessive force, violation of equal protection rights and a Monell claim and court found plaintiffs failed to offer sufficient evidence to overcome the presumption that probable cause supported the warrant issued by a neutral magistrate, borough could not be liable under Monell, and equal protection claim also failed but material disputes of fact precluded summary judgment on plaintiff's excessive force claim. Motion granted in part
Publication Date: 2021-11-01
Practice Area: Constitutional Law
Industry: Federal Government | Health Care
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mariani
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1266
Defendant doctor moved to suppress evidence taken from patient medical records and court found defendant lacked standing under the fourth amendment to challenge the validity of the search warrant and suppress the evidence obtained because the terms of his employment contract provided that the records were owned and controlled by employer and he had no expectation of privacy in the materials sought. Motion denied.
Publication Date: 2021-10-11
Practice Area: Constitutional Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Goldberg
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1184
The court refused to enjoin the defendant school district from enforcing a face mask mandate so as to comply with a Secretary of Health order requiring face coverings in Pennsylvania schools due to the COVID-19 pandemic where plaintiffs failed to demonstrate a belief that warranted first amendment protection. The court denied a request for injunctive relief.
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