In this action Plaintiff Gertha Jones has alleged that Defendants’ termination of her employment and subsequent failure to hire her for two different positions constituted unlawful discrimination on the basis of Plaintiff’s race, age, and disability, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (“ADEA”), and the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. (“ADA”). Now pending before the Court is Defendants’ joint motion for summary judgment. (Doc. No. 29.) For the reasons that follow, the motion will be granted because Plaintiff is estopped from establishing a prima facie element of each of her claims, namely, that she was qualified for any of the jobs in question.
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Judge Yvette Kane
Now before the Court are motions to dismiss indictments in two separate criminal actions: United States v. Kapp and United States v. Duncan. Defendants have moved to dismiss indictments for violations of 18 U.S.C. § 2250, and have separately challenged the applicability and constitutionality of that statute on similar bases. For reasons of judicial economy, the Court will address both motions in a single order. For the reasons that follow, Defendants’ motions will be granted.
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.
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.
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
In connection with the November 2, 2004 General Election, Pennsylvania’s sixty-seven counties have issued a total of 26,739 absentee ballots to overseas and military voters. The first of these was dispatched to voters in remote locations on August 24, 2004. These ballots included the names of Ralph Nader as a candidate for President and Peter Miguel Camejo, a candidate for Vice President. Thereafter, the sufficiency of Messrs. Nader and Camejo’s nomination paper was the subject of a legal challenge in the Commonwealth and Supreme Courts of Pennsylvania. As the challenge was heard on appeal and remand, Nader and Camejo were ordered off the ballot, then on the ballot, and then off the ballot again.
The 2004 Pennsylvania General Election Ballot was first certified by the Secretary of the Commonwealth pursuant to state law on September 17, 2004. At that time, consistent with the court order then in effect, the Secretary’s Ballot Certification excluded the names of Nader and Camejo. Counties issued absentee ballots reflecting the amended certified list of candidates without Messrs. Nader and Camejo listed as candidates. On September 21, 2004, the Secretary amended the Certification to add Nader and Camejo to the ballot. On October 13, 2004, pursuant to court order, Nader and Camejo were again removed from the Secretary’s list of certified candidates.
According to Plaintiff’s complaint, on December 7, 2001, Commerce Bank (“Commerce”) lent PoolPak, Inc. (“PoolPak”) $250,000. On December 24, 2001, Commerce lent PoolPak an additional $250,000. In exchange for these loans totaling $500,000, Commerce held a security interest in any and all outstanding accounts receivable due to PoolPak. On June 6, 2003, Commerce assigned its interest in PoolPak’s accounts receivable to Plaintiffs Frank H. and Rebecca K. Countess. Plaintiffs claim they are entitled to recover $470,806.00 from Defendant Pool Fact, Inc. for goods PoolPak delivered to Defendant, for which Defendant refused to pay.
This is a declaratory judgment action filed by Plaintiff Clarendon National Insurance Company against the City of York, Pennsylvania to disclaim coverage for the civil action against the City and several York police officers filed in this Court and docketed as civil action number 03-169 (the “underlying action” or the “Allen case”).
Charles Robertson, then mayor of York, signed an application for insurance on May 26, 2000. (Doc. No. 23, Ex. I, attach. B). A supplemental application was signed on July 17, 2000. Based on these applications, Plaintiff issued the City public officials and employment practices liability insurance (Policy No. APR 15-00123), effective August 19, 2000 through August 19, 2001, in return for a policy premium of $23,243.
This action arises out of the events surrounding the investigation and trial of Plaintiff, Steven Crawford, for the 1970 murder of John Eddie Mitchell. In 1974, at the age of fourteen, Plaintiff was charged with the crime. He was found guilty by three different juries in 1974, 1977, and 1978, and was sentenced to life imprisonment. Plaintiff was released from prison after twenty-eight years, on July 16, 2002, upon the discovery of exculpatory evidence during the course of Plaintiff’s habeas proceedings.
Before the Court is Defendant Holy Spirit Hospital’s motion for summary judgment. The motion has been fully briefed and is ripe for disposition. For the reasons that follow, the motion will be granted in part and denied in part.
Plaintiffs’ decedent, Ryan K. Schorr, (“Schorr”), suffered from bipolar disorder. Schorr’s condition deteriorated shortly before November 18, 2000, and his roommate and family applied for his involuntary committal pursuant to § 302 of the Pennsylvania Mental Health Procedures Act. A crisis intervention worker employed by Holy Spirit Hospital took and evaluated the application, and caused an order for involuntary commitment to be issued. The worker then contacted the Cumberland County Control Unit and arranged for West Shore Regional Police Department officers to detain Schorr pursuant to the commitment order and related warrant.