134 results for 'court:"USDC Middle District of Pennsylvania"'.
J. Brann allows a customer service employee to advance sexual harassment claims contending she was made to feel "like a prostitute" when a customer offered to purchase a vehicle from her if she would go on a date with him. The dealership was aware the employee was being harassed because she reported lewd behavior to human resources as evidenced by overlapping information in both parties' fact-finding discovery.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: October 3, 2023, Case #: 4:23cv765, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment
J. Mannion allows a school administrator to pursue first amendment claims accusing the district of scapegoating her as a criminal suspect after another teacher disbursed a list of sensitive personal information belonging to other administrators, which included her own "salaries, raises, and social security number," because the administrator's bargaining activities and her political endorsement of a school board candidate constituted protected speech pertinent to public concern.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: September 30, 2023, Case #: 3:23cv278, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation, First Amendment
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J. Mannion allows plaintiffs to continue contract claims against Kia, which, along with Nissan and Hyundai, is accused of failing to provide services purchased under now-defunct dealers' "set for life program" because plaintiffs established Kia was aware of and approved ad campaigns promising to cover all routine maintenance for one lump sum, including oil changes and tune ups, and thus may have a duty to honor the contracts. However, fraud and unfair business practices claims should be dismissed as duplicative.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: September 29, 2023, Case #: 3:20cv1838, NOS: Other Contract - Contract, Categories: Fraud, Warranty, Contract
J. Wilson allows plaintiff to continue Monell liability claims contending police officers let their K-9 bite and gnaw on his leg while serving a warrant for his arrest, despite knowing about his history of mental illness. Plaintiff properly pleaded the township was responsible for one officer's actions in his capacity as director of public safety on grounds that he "created an atmosphere" encouraging excessive force "by hanging a gladiator mask in the department and having new hires take a picture with it, designing a t-shirt to be worn at a community event that depicted a skull with guns, and allowing a 'use of force training officer' to hang a cartoon vigilante character's mask in his office."
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: September 22, 2023, Case #: 1:22cv982, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Mehalchick finds that Scranton school board defendants are immune from certain liability as high public officials but allows a maintenance director to continue malicious prosecution, false arrest, and false imprisonment claims contending he had been "scapegoated" when the public found out the school contained toxic lead and asbestos, even though he had tried to warn the school about these hazardous conditions for years. The maintenance worker successfully alleges his arrest for endangering children had been based on false statements designed to shield school defendants from responsibility.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: September 11, 2023, Case #: 3:22cv1514, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity
J. Brann permits a Penn State athlete to pursue certain gender discrimination claims against the university and her fencing coach because, even though she sufficiently stated claims against the school and her coach, she failed to prove the coach acted in his professional capacity when he tormented her about her weight and belittled her due to her gender.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: August 11, 2023, Case #: 4:22cv529, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Equal Protection