134 results for 'court:"USDC Middle District of Pennsylvania"'.
J. Rambo allows plaintiff to seek damages against a township police officer who allegedly shot him multiple times in the chest with a taser gun after mistaking him for an intruder in responding to a noise complaint. When the officer found out plaintiff was the occupant, the officer apologized and left, but he returned to cite plaintiff for disorderly conduct, claiming, "I have to give a reason why I fired my taser or I will get in trouble." The officer may not invoke qualified immunity because he failed to prove he had probable cause for using excessive force on an unarmed man who posed no threat to himself or others.
Court: USDC Middle District of Pennsylvania, Judge: Rambo, Filed On: July 27, 2023, Case #: 1:22cv1654, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Immunity, Police Misconduct
J. Rambo advances retaliation claims in which a school psychologist contends her employer targeted her with a defamatory campaign "which expressly or impliedly accused her of engaging in inappropriate communications with a student's family" after she complained about being passed over for a promotion, despite being more qualified than other candidates, on grounds that "she is not a yes man." The psychologist successfully identified the proximity between her protected activity and the hostile treatment.
Court: USDC Middle District of Pennsylvania, Judge: Rambo, Filed On: July 24, 2023, Case #: 1:22cv548, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Mannion grants a policyholder's motion to remand insurance contract claims to Lackawanna County since she properly joined the claims adjuster, who "destroys diversity," based on allegations that he attempted to threaten and harass her during an interview to discourage her from pursuing claims for fire damages to her vehicle.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: July 21, 2023, Case #: 3:23cv247, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Contract
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J. Brann dismisses certain negligence claims contending a gymnastics camp counselor groomed and sexually assaulted an underage female camper in 2016 but allows a camper to continue negligence claims against the coach in his individual capacity. Plaintiff may also continue vicarious liability claims contending the camp allowed the hiring manager to re-hire the counselor after receiving multiple complaints of misconduct and concerning the counselor's "inappropriate sexual relationship that included indecent contact with a minor female gymnast."
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: July 20, 2023, Case #: 4:22cv1407, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Brann allows a customer service rep from American Home Patient to bring race discrimination claims against her employer because the rep, American Home's only Black employee, sufficiently demonstrated her supervisor created a hostile workplace environment by calling her "coon" and "nigger" while her coworkers laughed.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: July 3, 2023, Case #: 4:21cv1683, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Wilson permits a city sanitation manager to continue whistleblower retaliation claims contending Harrisburg mayor Wanda Williams fired him for refusing to create superfluous job positions for her son, nephew, and other family members within his department. The employee's speech was protected because he reported the alleged wrongdoing as a citizen, not as a government employee.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: June 29, 2023, Case #: 1:22cv1474, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Whistleblowers, Employment Retaliation
J. Wilson advances certain fraud and contract claims in which skill games manufacturer Pace-O-Matic contends former legal defense team Eckert, Seamans Cherin & Mellott also accepted competitor Parx Casino in order to tip the scales in favor of Parx. Eckert cannot dismiss Pace-O-Matic’s claims seeking a declaratory judgment because the claims are more broad than those addressed in a prior injunction, and it is too soon to determine whether Pace-O-Matic will seek additional relief because discovery is still underway.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: June 12, 2023, Case #: 1:20cv292, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Attorney Fees, Contract
J. Conner permits plaintiffs, Pennsylvania residents, to pursue certain consumer protection claims accusing telemarketers of running a number of bogus fundraising campaigns for fake PACs in order to line their pockets with donations because plaintiffs verified telemarketers were directly connected to the political campaigns and that defendants had placed the calls.
Court: USDC Middle District of Pennsylvania, Judge: Conner, Filed On: June 5, 2023, Case #: 1:21cv1668, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Consumer Law, Privacy
J. Mannion allows an employee, a Black, 75-year-old truck driver, to continue age and race discrimination claims concerning his termination. The employee and a younger, white driver had received the same traffic citation when a Pennsylvania state trooper pulled them over for speeding while they were hauling water together. When the employer learned about the incident, the employee had been fired after being scapegoated for a guardrail collision he had not caused, while his coworker got off with a warning. The employer failed to provide evidence of the employee's involvement in the collision, and his vehicle showed no signs of damage.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: May 23, 2023, Case #: 3:20cv2126, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination