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  • Murphy v. State

    Publication Date: 2024-04-01
    Practice Area: Civil Rights
    Industry: Hospitality and Lodging | Legal Services | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-415-CFC

    Plaintiffs' disability discrimination claims failed due to the lack of allegations establishing a causal connection between one plaintiff's' disability and the family's eviction facilitated by state officials.

  • Happle v. Sweeney

    Publication Date: 2024-03-26
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Thomas-Martin Happle, Millsboro, DE, pro se plaintiff.
    for defendant: Emily A. Letcher, Patricia L. Enerio, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for defendants.
    Case Number: 22-1612-RGA

    Court dismissed civil rights complaint arising from a New Jersey traffic stop involving a New Jersey resident, finding that it lacked personal jurisdiction.

  • Ryle v. Outen

    Publication Date: 2024-01-22
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Alex Ryle, Smyrna, DE, plaintiff pro se
    for defendant: Robert Kleiner, Deputy Attorney General, Department of Justice, Wilmington, DE for defendant.
    Case Number: N23C-02-192 CEB

    Prison inmate's claim regarding the non-delivery of a USPS return receipt failed where there was no evidence that corrections officials had possession of the return receipt and they had assured the inmate they would deliver the return receipt once they received it from the USPS.

  • West v. Emig

    Publication Date: 2023-12-18
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3205

    Prison officials were entitled to qualified immunity for removing mattress from cell of prisoner under psychological close observation to prevent the prisoner from using the mattress to harm himself or prevent monitoring.

  • Lewis v. Tyler Tech.

    Publication Date: 2023-12-04
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Racquel Lewis, Wilmington, DE, pro se plaintiff.
    for defendant:
    Case Number: 23-296-RGA

    Court dismissed complaint where underlying alleged incident could not conceivably give rise to any cause of action.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Parkell v. Pierce

    Publication Date: 2023-11-20
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: James S. Green, Jr., Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
    for defendant: James D. Taylor, Jr., Jessica M. Jones, Juliana G. Clifton, Marisa R. De Feo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Arthur D. Kuhl, Matthew R. Hindley, Reger Rizzo & Darnall LLP, Wilmington, DE for defendants.
    Case Number: 1:17-cv-00157-SB

    Court dismissed case for failure to prosecute where plaintiff had willfully or recklessly failed to actively litigate the case for several years despite repeated extensions and warnings from the court.

  • In re COVID-Related Restrictions on Religious Serv.

    Publication Date: 2023-09-11
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE; Scott D. Cousins, Cousins Law LLC, Wilmington, DE; Martin D. Haverly, Martin D. Haverly, Attorney at Law, Wilmington, DE for plaintiffs.
    for defendant: Andrew D. Cordo, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for defendant.
    Case Number: N23C-01-123 MAA

    Plaintiffs' lawsuit challenging past COVID-19-related restrictions on houses of worship was dismissed where governor was entitled to qualified immunity as it was unclear at the time the restrictions were implemented that such restrictions were unconstitutional and where the lawsuit was not justiciable since there was no longer an active case or controversy.

  • Eley v. PNC Bank Branch of Lewes DE

    Publication Date: 2023-07-10
    Practice Area: Civil Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Jonathan J. Eley, Lewes, DE, pro se plaintiff.
    for defendant: Elizabeth S. Fenton, Ballard Spahr LLP, Wilmington, DE for defendant.
    Case Number: S23C-04-003 CAK

    Plaintiff's complaint dismissed where it asserted claims under the Delaware Equal Accommodations Law, as plaintiff failed to appeal the Delaware Human and Civil Rights Commission's order on his administrative complaint.

  • Xi v. Haugen

    Publication Date: 2023-07-10
    Practice Area: Civil Rights
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff: David Rudovsky, Jonathan H. Feinberg, Susan M. Lin Kairys, Rudovsky, Messing, Feinberg & Lin LLP, Philadelphia, PA; Patrick Toomey, Ashley Gorski, Sarah Taitz, American Civil Liberties Union Foundation, New York, NY; Jonathan Hafetz, Seton Hall Law School, Newark, NJ for appellants.
    for defendant: Leif Overvold, Brian M. Boynton, H. Thomas Byron III, Sharon Swingle, U.S. Department of Justice, Washington, DC for appellees.
    Case Number: 21-2798

    "Clearly established" threshold inapplicable to discretionary function exception analysis under FTCA because the government lacked discretion to violate constitutional rights.

  • Davis v. Spicer

    Publication Date: 2023-03-07
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-874-SRF

    Court declined motion in limine to exclude evidence of plaintiff's physical injuries and emotional distress, as such evidence was necessary for plaintiff to recover damages for emotional distress in his §1983 case.