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215 results for '* topic:"Constitutional Law"' You can use Search Constraints to get even better search results
Publication Date: 2021-02-22
Practice Area: Constitutional Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
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for defendant:
Case Number: 21-0123
Although petitioner was not entitled to have his involuntary commitment expunged, the court granted his request for restoration of his right to carry a firearm.
Publication Date: 2021-02-15
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Sibum
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Case Number: 21-0081
A state trooper's detention of defendant based solely on his apparent "nervousness" was improper where defendant complied with the trooper's request to produce a driver's license and related documents after a traffic stop and the record lacked any evidence of criminal activity. The court granted defendant's motion to suppress.
Publication Date: 2021-01-25
Practice Area: Constitutional Law
Industry: Federal Government | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
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Case Number: 20-0061
The Delaware River Joint Toll Bridge Commission's suit, seeking prospective relief to prevent an ongoing violation of federal law by the Secretary of Pennsylvania Department of Labor and Industry, fell squarely within the Ex parte Young exception to sovereign immunity; and the district court properly found that Pennsylvania unambiguously ceded some of its sovereign authority through a bi-state compact forming the Commission. The appellate court affirmed.
Publication Date: 2021-01-20
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Cowen
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Case Number: D69269
The federal district court properly dismissed plaintiffs' substantive due process claims because their jobs as firefighters were inherently risky and plaintiffs failed to allege sufficient facts to show that defendants' con-duct or policies altered the fundamental nature of the risk involved.
Publication Date: 2020-12-07
Practice Area: Constitutional Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Ambro
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Case Number: 20-1324
Legislative designation of criminal offense as a felony was sufficient to categorize offense as a serious crime that precluded offenders from possession of firearms. Order of the district court affirmed.
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Publication Date: 2020-12-07
Practice Area: Constitutional Law
Industry: Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolfson
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Case Number: 20-1335
Defendants moved to dismiss plaintiffs' §1983 due process action over court clerk's failure to properly process motions and concise statements and court found employees of the office of judicial support made mistakes and those mistakes prejudiced plaintiffs but plaintiffs did not plausibly plead those mistakes resulted from a supervisor's violation of their constitutional rights. Motion granted.
Publication Date: 2020-11-30
Practice Area: Constitutional Law
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
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Case Number: 20-1204
Plaintiff, a Roman Catholic priest, could not recover damages from defendants, parishioners of the church where he had been assigned, for their alleged tortious interference with his contract with the Scranton Diocese as the "ministerial exception" prohibited the court from intervening in this dispute stemming from the decision to remove plaintiff from his position. The court granted defendants' preliminary objection.
Publication Date: 2020-11-23
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Conner
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Case Number: 20-1281
Defendants moved to dismiss plaintiff's action for declaratory and injunctive relief under §1983 asserting retaliation for exercising his free speech rights about an alleged code violation and court found defendants were state actors and plaintiff made a colorable claim for retaliation due to extensive surveillance of his property after he spoke at borough council meeting and posted comments on the internet and some emails showed intimidation or threat but others did not. Motion granted in part and denied in part.
Publication Date: 2020-10-26
Practice Area: Constitutional Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Roth
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Case Number: 20-1157
Facial procedural due process challenge to Pennsylvania's prohibition on firearm possession by those involuntarily committed under the Mental Health Procedures Act dismissed where individuals found to be mentally ill and in need of commitment fell within the class of individuals relieved of their Second Amendment rights. Order of the district court affirmed.
Publication Date: 2020-10-12
Practice Area: Constitutional Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Greenberg
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Case Number: 20-1113
District court erred in finding rules prohibiting appellee from making audio recordings of bail hearings violated the first amendment because the first amendment right of access did not include an affirmative requirement that the judiciary create or allow the creation of verbatim records of its proceedings and appellee was able physically to attend and take handwritten notes at bail hearings. Reversed.
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