The case at bar presents a constitutional challenge to a state statute. The disputed enactment creates a right of action to enjoin the expressive conduct of violent criminals that causes mental anguish to victims or their families. Significantly, however, the fact that certain plaintiffs have been convicted of infamous or violent crimes is largely irrelevant to our First Amendment analysis. A past criminal offense does not extinguish the offender‟s constitutional right to free expression. The First Amendment does not evanesce at the prison gate, and its enduring guarantee of freedom of speech subsumes the right to expressive conduct that some may find offensive.
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13-cv-2022File:This matter involves an apparently novel legal question arising at the intersection of a student’s right to a free appropriate public education under the Individuals with Disabilities Education Act (“IDEA”) and a correctional institution’s legitimate interest in security and prison management. Specifically, we are tasked to interpret the strictures of 20 U.S.C. § 1414(d)(7)(B), which allows certain incarcerated students’ Individualized Education Programs to be modified where the state proves a bona fide security interest that cannot otherwise be accommodated. The action is before us on the parties’ cross motions for judgment on the supplemented administrative record. (Docs. 36, 38).
14-cv-1138File:On February 18, 2015, Storm, et al. v. Paytime, Inc. and Holt, et al. v. Paytime, Inc. were consolidated into one case for the remainder of the proceedings between the parties. (Storm, Doc. 46). However, due to the fact that these cases were filed separately and have had filings and motions pending in separate dockets, we will discuss their procedural histories separately.
Pennsylvania legislature entitled the Pennsylvania Institution of Higher Education Monetary Penalty Endowment Act (“the Endowment Act,” or “the Act”) and seeks an order of this Court enjoining the law’s enforcement. (Doc. No. 1.) Defendants State Treasurer Rob McCord and Commission on Crime and Delinquency Chairman Mark Zimmer, each in his official capacity, have defended the law’s constitutionality.1 (Doc. Nos. 48, 49.) In their cross-motion for judgment on the pleadings, Defendants urge the Court to decline Plaintiff’s constitutional challenge based on the doctrines of issue and claim preclusion. (Doc. No. 74.) The factual predicate for this lawsuit is by now familiar, so the Court will recount only those facts with particular relevance to the present motions.
1:14-cv-00413File:This case concerns the Defendant-employer’s allegedly wrongful termination of Plaintiff’s employment as a supervisor of home care providers. (Doc. No. 5 at 1-2.) Plaintiff began working for Defendant on August 22, 2011. (Id. at 2.) Defendant is a group of non-profit organizations that provide services for individuals with disabilities. (Id. at 1-2.) In August of 2012, Plaintiff reported what she believed to be violations of various state occupation and safety laws to responsible employees of the Defendant. (Id. at 5.) Specifically, Plaintiff claims that Defendant violated: (1) the Pennsylvania General Safety Law, 43 Pa. Stat. § 25-2; (2) the Pennsylvania Fire and Panic Act, 34 Pa. Stat. § 50.24(e); and (3) the Pennsylvania Universal Accessibility Law, 34 Pa. Code § 60.33. (Id. at 5.)
On April 12, 2012, NXP filed a complaint in this Court, alleging that BlackBerry had infringed six of their U.S. patents. (Doc. No. 1.) After receiving Defendants’ invalidity contentions, Plaintiff conceded its claim pertaining to U.S. Patent No. 5,763,955 (“‘955 patent”). Plaintiff subsequently submitted an amended complaint, reducing its asserted patents to five (“patents-in-suit”): No. 6,501,420 (“‘420 patent”), No. 6,434,654 (“‘654 patent”), No. 7,330,455 (“‘455 patent”), No. 5,597, 668 (“‘668 patent”), and No. 5,639,697 (“‘697 patent”). (Doc. No. 97.)
4:14-CV-00274Judge:File:This case concerns issues of first impression in Pennsylvania in a dispute over whether an oil and gas land lease was extended or expired by its own terms. Before the Court is the Defendants’ Motion to Dismiss the Plaintiff’s Complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 6).
4:13-cv-02655Judge:File:Before the Court is the Plaintiffs’ Motion for Attorney Fees (ECF No. 47) pursuant to 42 U.S.C. § 1988(b), Federal Rule of Civil Procedure 54(d), and United States District Court for the Middle District of Pennsylvania Local Rule 54.4. The underlying action concerned Plaintiffs’ claims of unlawful sex discrimination under 42 U.S.C. § 1983, the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and the Equal Rights Amendment of the Pennsylvania Constitution. The Plaintiffs ultimately prevailed on the merits and seek compensation for their attorneys.
Judge Jones' repsonse to a Motion to Internvene in the Whitewood v. Wolf case.
1:13-cv-1861 Whitewood v. WolfFile:Today, certain citizens of the Commonwealth of Pennsylvania are not guaranteed the right to marry the person they love. Nor does Pennsylvania recognize the marriages of other couples who have wed elsewhere. Hoping to end this injustice, eleven courageous lesbian and gay couples, one widow, and two teenage children of one of the aforesaid couples have come together as plaintiffs and asked this Court to declare that all Pennsylvanians have the right to marry the person of their choice and consequently, that the Commonwealth’s laws to the contrary are unconstitutional. We now join the twelve federal district courts across the country which, when confronted with these inequities in their own states, have concluded that all couples deserve equal dignity in the realm of civil marriage.