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Opinions

The Middle District of Pennsylvania offers a database of opinions for the years 1999 to present, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

Judge Malachy E. Mannion

The plaintiff initiated the instant civil rights action pursuant to 42 U.S.C. § 1983 on February 9, 2004, in which he named only the State Police Defendants. (Doc. No. 1). By order dated October 6, 2004, the plaintiff was permitted to file an amended complaint adding defendants Tafton Fire Company, Inc. and Carrick1. (Doc. Nos. 16 & 17). On October 21, 2004, the State Police Defendants filed an answer to the plaintiff’s amended complaint.

Judge Richard P. Conaboy

The Defendant was charged in June of 2004 by way of a Superseding Indictment with two counts of criminal conduct, one of conspiracy to manufacture methamphetamine, and a second count of selling and distributing methamphetamine. (See Doc. 12).
 
The Defendant has been in prison since June of 2004.
 
The Defendant has had Attorney Patrick Rogan and Attorney David E. Butler representing him at different times but he had some disagreements with them and at this point argues they did not properly interview him or question him and he was unsatisfied with their representation.

Judge John E. Jones III

Pending before the Court is a Motion to Intervene (“the Motion”) (doc. 141) filed by the Courtroom Television Network LLC (“Court TV” or “Applicant”) on September 2, 2005. We will deny the Motion for the reasons that follow.

Pending before the Court is a Motion to Quash Subpoena or For Protective Order (“Motion to Quash”) (doc. 80) filed by the Non-Party Subpoenaed Witnesses, Joseph Maldonado (“Maldonado”) and Heidi Bernhard-Bubb (“Bernhard-Bubb”), on June 16, 2005 and a Motion to Compel Non-Parties to Comply with Subpoenas (“Motion to Compel”) (doc. 85) filed by the Defendants on June 15, 2005 in this matter.
 
For the reasons that follow, both Motions will be granted in part and denied in part as detailed herein.

Pending before the Court is a Motion to Intervene (“the Motion”) (doc. 61) filed by the Foundation for Thought and Ethics (“FTE” or “Applicants”) (doc. 61) on May 23, 2005. We will deny the Motion for the reasons that follow.

Pending before the Court are cross-motions for Summary Judgment filed by Plaintiff Nationwide Insurance Company (“Nationwide” or “Plaintiff”) and by Defendants Sharon and Charles P. Chiao (“Defendants”). (Rec. Docs. 10 and 13). Following briefing by the parties, we held oral argument on the Motions on May 13, 2005. The Motions are now ripe for our review. Diversity jurisdiction in this Court is proper pursuant to 42 U.S.C. § 1332.
 
For the following reasons, we will grant the Defendants’ Motion for Summary Judgment and deny Plaintiff’s Motion for Summary Judgment.

Chief Judge Christopher C. Conner

Presently before the court is a motion by defendant, Franklin Timothy Brown (“Brown”), to suppress evidence seized by police as a result of a traffic stop on grounds that the officers’ actions were not supported by individualized suspicion of criminal activity. The motion will be denied.

Presently before the court are pre-trial motions in which the defendant, Arthur Garcia, challenges the constitutionality of the criminal statute under which he is charged, prohibiting the use of “any . . . means of interstate . . . commerce . . . [to] persuade[] . . . any individual who has not attained the age of 18 years[] to engage in . . . any sexual activity,” and seeks to suppress evidence obtained by state police during an investigation into the alleged statutory sexual assault underlying the charge. The motions will be denied.

Judge A. Richard Caputo

Presently before the Court is Plaintiff Service Electric's Motion For Summary Judgment and Permanent Injunction. (Doc. 38.1.) Plaintiff's motion will be granted in part and denied in part. The motion will be granted insofar as Plaintiff seeks a declaration that the exclusive franchise right to operate a cable television system within the municipal boundaries of Defendant City of Hazleton, currently held by Plaintiff, remains valid. The motion will also be granted insofar as Plaintiff seeks a permanent injunction preventing Defendant from implementing any franchise that is inconsistent with the exclusivity of the franchise currently held by Plaintiff. The motion will be denied in all other respects. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1332 and 28 U.S.C. § 1367(a).

Judge Yvette Kane

Granville White has appealed from a judgment of conviction imposed by Magistrate Judge J. Andrew Smyser under the Assimilative Crimes Act, 18 U.S.C. § 13. On August 11, 2004, White was arrested at the New Cumberland Army Depot (“Army Depot”) for driving a motor vehicle while his license was suspended due to a conviction for driving under the influence of alcohol. Judge Smyser imposed a sentence of 75 days imprisonment, but White has remained on bond pending a determination of his appeal.

White makes only one argument in support of his appeal: that the government presented insufficient evidence to establish an essential element of the offense charged, namely, that he was driving his motor vehicle on a “highway” or “trafficway” at the time he was stopped at the Army Depot

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