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215 results for '* topic:"Constitutional Law"' You can use Search Constraints to get even better search results
Publication Date: 2023-06-26
Practice Area: Constitutional Law
Industry: Education | State and Local Government
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Conti
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Case Number: 22-837
Defendants moved for reconsideration in action brought by parents over first-grade teacher allegedly inculcating her beliefs about transgender topics in her students and court found parents plausibly alleged violations of substantive and procedural due process, first amendment free exercise of religion and familial privacy claims and defendants were not entitled to qualified immunity. Motion denied.
Publication Date: 2023-06-26
Practice Area: Constitutional Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Range v. Attorney Gen. United States
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Case Number: 21-2835
District court erred in holding 18 U.S.C. §922(g)(1) barred appellant from owning a firearm based on his false statement conviction because government failed to show that the country's historical tradition of firearms regulations supported depriving appellant of his second amendment right to possess a firearm. Reversed.
Publication Date: 2023-06-19
Practice Area: Constitutional Law
Industry: Legal Services | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
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Case Number: 23-332-KSM
Counsel erred in instructing deposition witness not to answer questions on the basis that they were irrelevant or sought lay opinion testimony, since those were improper bases to refuse to answer and the questioning did not rise to the level of harassment. Plaintiffs' motion to limit scope of deposition denied.
Publication Date: 2023-06-12
Practice Area: Constitutional Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 978 C.D. 2021
Common pleas court erred in dismissing in forma pauperis appellant's complaint as frivolous under Pa.R.Civ.P. 240(j)(1) because it had already granted appellant IFP status and dismissal under that rule could only occur before common pleas granted IFP status. Vacated and remanded.
Publication Date: 2023-06-09
Practice Area: Constitutional Law | Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
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Case Number: 21-2491
Defendants appealed the denial of their motion for summary judgment.
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Authors: Joseph S. Britton
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Publication Date: 2023-05-15
Practice Area: Constitutional Law
Industry: Education | Non-Profit
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
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Case Number: 5:23-cv-01244-JMG
Plaintiff moved for a preliminary injunction in its constitutional action asserting defendant district engaged in viewpoint discrimination by rescinding its prior approval of plaintiff's application to use school facilities for an after school club based on the controversial nature of plaintiff's viewpoint and negative community reaction and court found plaintiff demonstrated a likelihood of success on the merits, irreparable injury and granting preliminary relief was in the public interest. Motion granted in part and denied in part.
Publication Date: 2023-05-01
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Per Curiam
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Case Number: 234 C.D. 2022
Trial court erred in not granting township's motion for summary judgment in appellee's action asserting malicious abuse of process, intentional infliction of emotional distress, false arrest, malicious prosecution and deprivation of her constitutional free speech rights after she was arrested at an Earth Day event and court found township and its employees were governmentally and officially immune from suit and appellee's claims were also a collateral attack on the outcome of valid criminal proceedings. Reversed.
Publication Date: 2023-04-10
Practice Area: Constitutional Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
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Case Number: 21-2472
District court erred in granting summary judgment on the grounds of qualified immunity in appellant's Religious Freedom Restoration Act action asserting prison guards deliberately interfered with his Muslim prayers because it was clearly established at the time of guards' actions that there was a right to pray free of substantial, deliberate, repeated and unjustified disruption by prison officials. Vacated.
Publication Date: 2023-02-06
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Diamond
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Case Number: 22-1438
Both parties moved for summary judgment in plaintiff's action asserting hostility to religion in her termination for noncompliance with district attorney office's COVID-19 vaccination requirements where she sought an exemption for religious reasons and court found DA's policy, whether subject to rational basis or strict scrutiny review, was permissible and there was no evidence the exemption elimination stemmed from religious intolerance rather than an intent to further state's public health goal. Defendants' motion granted.
Publication Date: 2023-01-09
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
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Case Number: 5:22-cv-01621
Plaintiffs could not maintain their substantive due process claims against the individual detectives involved in the execution of a search warrant since challenges to the reasonableness of a search or seizure by government agents fall under the fourth amendment of the U.S. Constitution, and not the fourteenth. The court granted defendants' motion to dismiss in part.
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