Buddy v. Knapp

Wawa is associated with cases in NJ, too. The New Jersey Appellate Division dealt with two consolidated cases involving motorists who illegally crossed over the double-yellow lines to get to a Wawa and, in doing so, injured or killed motorcyclists. In each instance, the injured party or his estate sued Wawa and the State of … Read more

Lozano v. New Jersey

The Third Circuit addressed the degree to which an officer must be involved in an arrest or charging a suspect to be liable for violating that suspect’s rights. The plaintiff, a former marine, was discharged for medical reasons. He had a handicapped parking permit and a permit for the tinted windows on his car. Due … Read more

Trinh v. Fineman

In an opinion notable for its brevity, the Third Circuit joined its sister courts in holding that court-appointed receivers are entitled to absolute, quasi-judicial immunity from suit when they act with the court’s authority. The court likened the receiver’s role in the judicial process to that of a judge and therefore extended the same immunity … Read more

Estate of Gonzalez v. City of Jersey City

This case presented the New Jersey Supreme Court with the issue of whether police officers responding to a one-vehicle accident on a highway bridge may be entitled to any of the immunities from liability provided by the New Jersey Tort Claims Act (“TCA”), N.J.S.A. 59:1-1 to 12-3, the Good Samaritan Act, N.J.S.A. 2A:62A-1 to -35, … Read more

HIRA Educ. Servs. N. Am. v. Augustine

HIRA Educ. Servs. N. Am. v. Augustine involved a dispute in which three Pennsylvania state legislators took various actions (for example, writing a letter to the Governor or making public statements) in opposition to a sale of state-owned property to HIRA. After the sale fell through, HIRA sued the legislators for alleged violations of the … Read more

Cruz. v. Camden Co. Police Dep’t

Cruz was arrested and indicted for murder.  After spending two years in jail, a jury acquitted him. Thereafter, he filed a civil action alleging that the lead detective misled the grand jury and thereby violated his civil rights. In Cruz v. Camden Co. Police Dep’t, the trial court granted the Department’s motion for summary judgment … Read more

Leight v. Univ. of Pittsburgh Physicians

In Leight v. Univ. of Pittsburgh Physicians, the Pennsylvania Supreme Court dealt with third-party liability under the Mental Health Procedure Act, 50 P.S. § 7101et seq., in the context of preliminary objections. The case arose when a mentally-ill man went into a hospital and shot several people, including the plaintiff. The plaintiff survived and filed … Read more

Z.F.1. v. Bethanna

In Z.F.1. v. Bethanna, the Superior Court heard the Defender Association of Philadelphia’s appeal after a jury found it liable for damages for failing to provide adequate representation as guardian ad litem to two children in foster care. The Defender Association asked the Court to hold that a guardian ad litem should be immune to … Read more

Weimer v. Cnty. of Fayette

In Weimer v. Cnty. of Fayette, Weimer, who had served eleven years in prison, filed a civil rights suit after her conviction for murder was vacated with prejudice. The 3rd Circuit held that, because Weimer alleged the prosecutor had engaged in investigatory conduct, absolute immunity did not protect the prosecutor from suit. However, the prosecutor was … Read more

Fogle v. Sokol

#1983 #Immunity 04/20/2020- Fogle spent more than three decades in prison for a crime he says he did not commit. Now free, he sued the Indiana County District Attorney, the Indiana County Assistant District Attorney, and Indiana County. The Prosecutors filed a motion to dismiss based on absolute immunity. The District Court denied the motion. … Read more