Allegheny Cnty. Dep’t of Health v. Wilkerson, 2024 Pa. Commw. LEXIS 263 (Pa. Commonwealth Court, December 19, 2024) (Wallace, J.) The Allegheny County Department of Health petition for review of an Order of the State Civil Service Commission which instated the appeal of employee Wilkerson and overruled the department’s action of terminating her from employment. […]
Tag: Civil Rights
CIVIL RIGHTS-RELIGION-COVID VACCINE
Allegheny Cnty. Dep’t of Health v. Wilkerson, 2024 Pa. Commw. LEXIS 263 (Pa. Commonwealth Court, December 19, 2024) (Wallace, J.) The Allegheny County Department of Health petition for review of an Order of the State Civil Service Commission which instated the appeal of employee Wilkerson and overruled the department’s action of terminating her from employment. […]
CIVIL RIGHTS-1983-DUE PROCESS-CLAIMS SYSTEM
Williams v. Reed, 2025 U.S. LEXIS 550, (U.S. Supreme Ct., February 21, 2025) (Kavanaugh, J.) Several unemployed workers in Alabama applied for unemployment benefits from the State. In their view, the Alabama Department of Labor has unlawfully delayed the processing of their benefits claims. So, the claimants sued the Alabama Secretary of Labor in state […]
ATTORNEYS FEES-CIVIL RIGHTS-AFFIDAVIT-CLIFF RIEDERS
Holmes v. Am. Homepatient, Inc., 2025 U.S. Dist. LEXIS 14627 (Pa. Middle District Ct., January 28, 2025) (Brann, J.) In this case where Plaintiff lawyers achieve a significant result and became a prevailing party, in a civil rights case, the judge considered my affidavit in favor of the Plaintiffs. Plaintiffs sought to recover their attorneys’ […]
JOINT UNDERWRITING ASSOCIATION-STATE OR PRIVATE AGENCY?
Pa. Pro. Liability Joint Underwriting Ass’n v. Governor of Pennsylvania, 2024 U.S Dist. LEXIS 31801 (U.S. Dist. Ct. of App., 3d. Cir., December 16, 2024) (Jordan, J.) JORDAN, Circuit Judge. Nearly fifty years ago, in response to a medical malpractice [*2] insurance crisis in the state, the General Assembly of the Commonwealth of Pennsylvania established […]
CIVIL RIGHTS-QUALIFIED IMMUNITY-CLEARLY ESTABLISHED LAW
Rivera-Guadalupe v. City of Harrisburg, 2024 U.S. App. LEXIS 32617 (3d. Cir. Court of App., December 24, 2024)(Krause, J.) We deny officers qualified immunity for violating clearly established constitutional rights—not for their failure to read tea leaves. This past year, the Supreme Court held in Chiaverini v. City of Napoleon that “the presence of probable […]
BIVENS ACTION-CIVIL RIGHTS-FALSE ARREST
Henry v. Essex County, 2024 U.S. App. LEXIS 21925 (U.S. Ct. of Appeals, 3d. Cir., August 29, 2024) (Ambro, J.) Plaintiff Judith Maureen Henry was arrested on a warrant for a different woman with the same name. She was detained for more than two weeks for a crime she did not commit. After release, Henry […]
CIVIL RIGHTS-TITLE IX-SEXUAL ASSAULT
McAvoy v. Dickinson Coll., 2024 U.S. Dist. LEXIS 20732 (U.S. Ct. of Appeals, 3d Cir., August 16, 2024) (Chagares, J.) Claim of violation of Title IX, as a result of college failing to respond appropriately to investigate sexual assault in a timely and adequate manner. Summary judgement granted District Court and upheld by Third Circuit. […]
CIVIL RIGHTS-SIGNS ON ONES PROPERTY-STATE CONSTITUTION
Oberholzer v. Galapo, 2024 Pa. LEXIS 1219 (Pa. Super. for Court of Common Pleas, August 20, 2024) (Doughtery, J.) The question was whether signs decrying hatred and racism, placed by a Jewish family on their own lawn – after a neighbor called one of them a “fucking Jew,” were properly enjoined by the trial court. […]
CIVIL RIGHTS-TITLE VI-RELIGIOUS DISCRIMINATION-ANTISEMITISM
Kestenbaum v. President & Fellows of Harvard Coll., 2024 U.S. Dist. LEXIS 139180 (U.S. Dist. Ct. for Dist. of Mass., August 6, 2024) (Stearns, J.) In this case, a Motion to Dismiss ungranted and denied each in part. The court found that there was standing, including associational standing. The court will not rule on whether […]