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Publication Date: 2023-12-25
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Roth
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2963
District court properly denied officers' claims for qualified immunity in plaintiff administrator's Fourteenth Amendment failure to render medical care claim after officers took decedent, who they believed had ingested crack cocaine, to booking without seeking medical care because officers should have taken reasonable steps to render medical care but officers were entitled to qualified immunity on plaintiff's failure to intervene in the medical context claim because there was no such clearly established right. Affirmed in part and den
Publication Date: 2023-12-18
Practice Area: Civil Rights
Industry: Non-Profit | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Perez
Attorneys: For plaintiff:
for defendant:
Case Number: 2:23-CV-04234
Plaintiffs sought a preliminary injunction in their civil rights action to prevent borough from closing a homeless encampment and court found borough's plan to enforce its evacuation of the encampment through criminal sanctions violated the Eighth Amendment ban against cruel and unusual punishment but record did not show any immediate or irreparable harm and borough could close encampment but could not do so through the imposition of criminal penalties. Injunction denied.
Publication Date: 2023-12-18
Practice Area: Land Use and Planning
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 1055 C.D. 2022
Trial court correctly applied de novo standard of review to appeal of conditional use application denial where local board's tie vote meant it adopted no findings of fact for the trial court to examine under an appellate standard of review. Order of the trial court affirmed.
Publication Date: 2023-12-18
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Roberts
Attorneys: For plaintiff:
for defendant:
Case Number: 620 CD 2023
The court requested that the Commonwealth Court affirm its decision denying the appeal of neighboring property owners and affirming the decision of the Zoning Board of Adjustment that found substantial evidence supported the variances requested by CDPHI LLC to relocate lot lines to subdivide three parcels into nine parcels.
Publication Date: 2023-12-18
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 542 C.D. 2022
Retroactively awarding correctional officers sick leave that was deducted after the county exempted them from Families First Coronavirus Relief Act leave benefits merely constituted an award of paid leave and did not interfere with the county's ability to exercise its managerial prerogative or statutory rights. Order of the trial court affirmed.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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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.
Publication Date: 2023-12-18
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
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for defendant:
Case Number: 2023-04383
Appellants appealed a township zoning hearing board's decision granting a residential variance application regarding maximum permissible non-green area. The court reversed where Board's characterization of the requested variance as de minimis was based upon a demonstrably incorrect calculation of the extent by which applicants' project would exceed the maximum permissible non-green space for their property.
Publication Date: 2023-12-11
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 528 C.D. 2021
Trial court erred in ruling that homeowners association lacked standing to appeal approval of conditional use application for adjacent development where association members appeared at the public hearing and voiced objections and the township lacked a formal process for hearing attendees to declare party status. Order of the trial court reversed and remanded.
Publication Date: 2023-12-11
Practice Area: Administrative Law
Industry: Construction | State and Local Government
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 20 MAP 2022
Commonwealth court erred in exercising equitable jurisdiction over contractor's challenge to debarment proceedings where state agency's administrative procedures would afford opportunity for contractor to raise its due process and factual challenges, Order of the commonwealth court reversed and remanded.
Publication Date: 2023-12-11
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 1097 C.D. 2021
Common pleas court erred in finding appellants' appeal of board's decision that they violated a zoning ordinance was untimely, in upholding board's decision about appellants' fence and in failing to consider appellants' equitable defenses but court rejected appellants' argument that board lacked authority to enforce the ordinance road weight restrictions. Reversed and vacated in part.
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