Presently before the Court are cross motions for summary judgment filed by Plaintiff Robert A. James and Defendant Estelle B. Richman, Secretary of the Commonwealth of Pennsylvania, Department of Public Welfare. (Docs. 30 and 32.) For the reasons stated below, Plaintiff’s motion for summary judgment, as to his request for a permanent injunction, will be granted. Plaintiff’s request for a declaratory judgment will be denied. Defendant’s motion for summary judgment will be denied. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331.
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3:05-CV-2647 JAMES v. RICHMAN, Secretary of the Commonwealth of Pennsylvania, Department of Public WelfareJudge:File:
4:05-1906 REIFER v. COLONIAL INTERMEDIATE UNIT 20File:
The plaintiff commenced this action on September 21, 2005, by filing her complaint. (Doc. No. 1.) In the complaint, the plaintiff accuses the defendant of disability-based discrimination and related offenses. She raises six counts. First, the plaintiff alleges that the defendant discriminated against her in violation of the Americans with Disabilities Act of 1990 (“ADA”), Pub. L. No. 101-336, 104 Stat. 327 (codified as amended at 42 U.S.C. § 12101 et seq. (2006)), by refusing to reasonably accommodate her disability even though she would have been able to perform the essential functions of her job with a reasonable accommodation. Second, the plaintiff alleges that the defendant discriminated against her in violation of the Family Medical Leave Act of 1993 (“FMLA”), Pub. L. No. 103-3, 107 Stat. 6 (codified as amended at 29 U.S.C. § 2601 et seq. (2006)), by failing to advise her of her rights under the FMLA while she was on protected leave. Third, the plaintiff alleges that the defendant unlawfully retaliated against her because of her exercising of her rights under the ADA and FMLA. Fourth, the plaintiff alleges that the defendant discriminated against her in violation of the Pennsylvania Human Relations Act of 1955 (“PHRA”), Pub. L. No. 744, Pa. Laws 222 (codified as amended at 43 PA. CON. STAT. ANN. § 955 (West 2006)), by refusing to reasonably accommodate her disability even though she would have been able to perform the essential functions of her job with a reasonable accommodation. Fifth, the plaintiff alleges that the defendant unlawfully retaliated against her by terminating her for filing a claim under Pennsylvania’s Workers’ Compensation Act of 1915 (“WCA”), Pub. L. No. 736, Pa. Laws 338 (codified as amended at PA. STAT. ANN. tit. 77, § 1 et seq. (West 2006)). Finally, the plaintiff alleges that the defendant discriminated against her in violation of the Pregnancy Discrimination Act of 1978 ("PDA”), Pub. L. No. 95-555, 92 Stat. 2076 (codified at 42 U.S.C. § 2000e(k) (2006)),1 by taking an adverse employment action against her because she was pregnant.
4:04-2657 BORJA v. USAFile:
The plaintiff, formerly an inmate at the Allenwood Low Security Correctional Institution (“LSCI Allenwood”) in White Deer, Pennsylvania, commenced this action on December 8, 2004, by filing a complaint against Susan Gerlinski, warden of LSCI Allenwood, the Federal Bureau of Prisons (“BOP”), and the United States of America. The action was brought pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq. (Doc. No. 1.) Since the filing of the action, the plaintiff has been deported to his native Columbia.
04-MISC NOS. 318-322 IN THE MATTER OF THE SEARCH OF THE SCRANTON HOUSING AUTHORITYFile:
Presently before the court is a “MOTION FOR THE UNSEALING OF AFFIDAVIT OF PROBABLE CAUSE IN SUPPORT OF SEARCH WARRANT AND THE UNSEALING OF THE APPLICATION AND RELATED DOCUMENTS FOR SEALING OF AFFIDAVIT, RETURN OF PROPERTY AND REQUEST FOR HEARING,” (Doc. No. 6), filed on behalf of the Scranton Housing Authority.
1:05-CV-2036 COMMON CAUSE OF PENNSYLVANIA, et al. v. COMMONWEALTH OF PENNSYLVANIA, et al.Judge:File:
Plaintiffs Common Cause of Pennsylvania, the League of Women Voters of Pennsylvania, Representative Greg Vitali, and four individual citizens of the Commonwealth of Pennsylvania, seek to invoke the jurisdiction of the federal courts to address alleged legislative misconduct by state officials that they claim resulted in constitutional violations. The Complaint, as amended on October 31, 2005, and again on February 8, 2006, alleges that the leadership of Pennsylvania’s General Assembly, together with the Governor and the Chief Justice of the Pennsylvania Supreme Court, conspired to violate Plaintiffs’ constitutional rights by adopting and approving – in a manner that foreclosed public comment, full participation of all elected representatives, and honest judicial review – legislation providing substantial pay increases for the members of the General Assembly, the judiciary, and senior members of the executive branch of state government.
3:04-1634 FLANYAK v. HOPTAFile:
On July 26, 2004, the plaintiff, an inmate at the State Correctional Institution at Mahanoy, (“SCI-Mahanoy”), Frackville, Pennsylvania, filed this civil rights action pursuant to 42 U.S.C. §1983, in which he alleges that defendant Hopta violated his Eighth Amendment rights by subjecting him to unsafe conditions in the prison’s welding shop and that defendant Cerullo was deliberately indifferent to his resulting medical needs.
3:01-2310 CRUISE v. MARINO, et al.File:
On October 26, 2001, the plaintiff initiated the instant action in the Lackawanna County Court of Common Pleas as the result of the tragic suicide of her daughter, Deborah Cruise, in a Scranton Police Department holding cell. The plaintiff alleges that her daughter’s civil rights were violated, during her detention for public drunkenness and disorderly conduct, by members of the Scranton Police Department. In addition, the plaintiff raises state law wrongful death and survivor claims.
3:04-1297 WALLACE v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, et al.File:
The petitioner, an inmate incarcerated at the Pennsylvania State Correctional Institution at Dallas (“SCI-Dallas”), Pennsylvania, filed this pro se petition for a writ of habeas corpus on June 14, 2004, pursuant to 28 U.S.C. § 2254. (Doc. No. 1). The petitioner alleges that the Pennsylvania Board of Probation and Parole (“Parole Board”) changed its policies and procedures in 1996 in such a way as to apply unconstitutionally stringent standards for granting parole. He claims that these changes violate the ex post facto clause of the United States Constitution
1:05-CV-2135 ASIAN-AMERICAN LICENSED BEVERAGE ASSOC., et al., v. COMMONWEALTH OF PENNSYLVANIA, et al.,Judge:File:
The City of Philadelphia is host to approximately 2400 businesses that are licensed by the Pennsylvania Liquor Control Board (“LCB”). Among these are licensed restaurants and eating establishments with “R” and “E” licenses that entitle their holders to sell beer and malt beverages for consumption off the licensed premises. In the parlance of liquor licensing, these establishments are known as “stop and go’s.” Among the operators of “stop and go’s” in Philadelphia are the approximately 400 members of the Asian-American Licensed Beverage Association (“AALBA”). The AALBA, along with six individual Asian-American owned businesses in Philadelphia, bring this action to enjoin the implementation of legislative changes to licensing laws that impact their businesses. Defendants are the Commonwealth of Pennsylvania, the Pennsylvania Liquor Control Board (“LCB”), and the three current board members of the LCB. The City of Philadelphia has intervened as a Defendant.
3:04-0292 IMBERGAMO v. CASTALDI, et al.File:
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.