Jones v. Foods on First III Inc., 2025 Pa. Super. LEXIS 386 (August 26, 2025) Bowes, J. OPINION BY BOWES, J.: Foods on First III, Inc., d/b/a Foods on First; Foods on First VI, Inc., d/b/a Foods on First; Manuel Salazar; and Aldo Salazar (collectively “Defendants”) appeal from the judgment finding in favor of Najaea […]
Tag: Civil Rights
BIVENS – CIVIL RIGHTS – BIVENS CRITERIA
Muniz v. United States, 2025 U.S. App. LEXIS 20540 (August 13, 2025) Scirica, Circuit Judge. Judges: RESTREPO, MONTGOMERY-REEVES, and SCIRICA, Circuit Judges. RESTREPO, Circuit Judge, concurring. In limited contexts, the Supreme Court recognizes a cause of action against federal officers to redress a violation of constitutional rights. Bivens v. Six Unknown Named Agents of Fed. […]
CIVIL RIGHTS – IMMUNITY – QUALIFIED IMMUNITY
Stringer v. Cnty. of Bucks, 141 F.4th 76 (June 18, 2025) Krause, Circuit Judge. When hauled into federal court, state actors undoubtedly want qualified immunity at the earliest possible stage. But how soon is too soon? We consider in this interlocutory appeal whether to deny a motion to dismiss on qualified immunity grounds where the […]
CIVIL RIGHTS – TITLE XI OF THE EDUCATION
Oldham v. Pa. State Univ., 138 F.4th 731, 737-738 (May 29, 2025) Phipps, Circuit Judge. This case arises from allegations that during a cross-country flight following a fencing tournament, a state university’s assistant fencing coach sexually harassed and assaulted the woman in the seat next to him. That woman was also a member of the […]
CIVIL RIGHTS – 1983 – STANDING – 1983 SUITS
Gutierrez v. Saenz, 145 S. Ct. 2258 (June 26, 2025) Sotomayor, J. Justice Sotomayor delivered the opinion of the Court. For nearly 15 years, petitioner Ruben Gutierrez has sought DNA testing of evidence that, he says, will help him prove he was never at the scene of the murder he was convicted of committing. When […]
CIVIL RIGHTS – 1983 – “ARISING UNDER” CLAUSE
Medina v. Planned Parenthood S. Atl., 145 S. Ct. 2219 (June 26, 2025) Gorsuch, J. Justice Gorsuch delivered the opinion of the Court. Medicaid offers States “a bargain.” Armstrong v. Exceptional Child Center, Inc., 575 U.S. 320, 323 (2015). In return for federal funds, States agree “to spend them in accordance with congressionally imposed conditions.” […]
AMERICANS WITH DISABILITY ACT – SCHOOL DISTRICT HEIGHTENED STANDARD – REHABILITATION ACT – SCHOOL DISTRICT – HEIGHTENED STANDARD
A.J.T. v. Osseo Area Sch., Indep. Sch. Dist. No. 279, 145 S. Ct. 1647 (June 12, 2025) Roberts, C.J. CHIEF JUSTICE ROBERTS delivered the opinion of the Court. Petitioner A. J. T. is a teenage girl who suffers from a rare form of epilepsy that severely limits her physical and cognitive functioning. When school administrators […]
CIVIL RIGHTS – BURDEN SHIFTING – MAJORITY – REVERSE DISCRIMINATION
Ames v. Ohio Department of Youth Services, 605 U.S. (June 5, 2025) Jackson, Justice. Justice Jackson delivered the opinion of the Court. Title VII prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. Under our Title VII precedents, a plaintiff may make out a prima facie case […]
CIVIL RIGHTS-RELIGION-COVID VACCINE
Allegheny Cnty. Dep’t of Health v. Wilkerson, 2024 Pa. Commw. LEXIS 263 (Pa. Commonwealth Court, December 19, 2024) (Wallace, J.) The Allegheny County Department of Health petition for review of an Order of the State Civil Service Commission which instated the appeal of employee Wilkerson and overruled the department’s action of terminating her from employment. […]
CIVIL RIGHTS-RELIGION-COVID VACCINE
Allegheny Cnty. Dep’t of Health v. Wilkerson, 2024 Pa. Commw. LEXIS 263 (Pa. Commonwealth Court, December 19, 2024) (Wallace, J.) The Allegheny County Department of Health petition for review of an Order of the State Civil Service Commission which instated the appeal of employee Wilkerson and overruled the department’s action of terminating her from employment. […]