No judicial opinion can comprehend the protean variety of the street encounter, and we can only judge the facts of the case before us. The Commonwealth Defendants argued in support of their summary judgment motion that discovery had failed to disclose evidence sufficient to support a claim of quid pro quo harassment.
The Court in Wolf first stated that "[t]he contrariety of views of the States" on the adoption of the exclusionary rule of Weeks was "particularly impressive" at p. Proper adjudication of cases in which the exclusionary rule is invoked demands a constant awareness of these limitations.
There is nothing unusual in two men standing together on a street corner, perhaps waiting for someone.
Those three supervisors subjected respondent to a continuous pattern of sexual harassment that ceased only when she resigned from the force. Store windows, moreover, are made to be looked in.
He is not subject to liability under 42 U. Gary Wakshul — Police officer who accompanied Abu-Jamal to and at the hospital. A search for weapons in the absence of probable cause to [p26] arrest, however, must, like any other search, be strictly circumscribed by the exigencies which justify its initiation.
Concluding, the Court specifically referred to the use of the evidence there seized as "unconstitutional. The Court noted that constitutional provisions for the security of person and property should be liberally construed. Frein was viewed as a serious reenactor with a deep knowledge of history; he was meticulous in many details, such as uniforms, but not overly obsessive in others—once even choosing a cheaper Chinese-made replica airsoft rifle over one made in Yugoslavia.
Upon seeing his brother appearing disoriented across the street, Abu-Jamal ran to him and was shot by a police officer. Of course, the specific content and incidents of this right must be shaped by the context in which it is asserted.
Borough of Hatboro, 51 F. Reflective of the tensions involved are the practical and constitutional arguments pressed with great vigor on both sides of the public debate over the power of the police to "stop and frisk" -- as it is sometimes euphemistically termed -- suspicious persons.
The officers again sought entrance some three hours later when four or more additional officers arrived on the scene. Compounding this error, the police also failed to conduct chemical tests on Abu-Jamal's hands to find out if he had fired a gun recently.
In ascertaining legislative intent, we may consider the consequences of a particular interpretation, 1 Pa. On the motion to suppress the guns, the prosecution took the position that they had been seized following a search incident to a lawful arrest.
But both decisions place the burden squarely on the defendant to prove that the plaintiff unreasonably failed to avoid or reduce harm.
The court ruled, however, that petitioner was not vicariously liable for that harassment. On the one hand, it is frequently argued that, in dealing with the rapidly unfolding and often dangerous situations on city streets, the police are in need of an escalating set of flexible responses, graduated in relation to the amount of information they possess.
She did, however, believe that Altieri told Weinstock of her report of offensive conduct. Paul Hoyer, who autopsied Daniel Faulkner, states that he extracted a. The other incidents stating that he was able to see down her sweater in December of and could see her underwear in June of were not only isolated in time, but also mere offensive utterances.
But when an official act does not underlie the constructive discharge, the Ellerth and Faragher analysis, we here hold, calls for extension of the affirmative defense to the employer. Zelinski did not have any other contact with Weinstock until August of The Court concluded that, when supervisory harassment does not culminate in a tangible employment action, it is less clear whether the harassment was aided by the agency relation.
I did not shoot the policeman That Altieri had no control over the removal of troopers from his unit is demonstrated by the fact that only Wigley was recommended for transfer initially.
City of Escondido, California v. She also testified that she thought White was in fear of her life from police after the shooting of Faulkner, and that she had seen Ms White in the company of Philadelphia police as recently as March A Guide to Legal Issues for Pennsylvania Senior Citizens 2.
TOP. Opinion. CLARK, J., Opinion of the Court. MR. JUSTICE CLARK delivered the opinion of the Court. Appellant stands convicted of knowingly having had in her possession and under her control certain lewd and lascivious books, pictures, and photographs in violation of § of Ohio's Revised Code.
Another type of case involves an attorney who is an employee of a law firm, where the law firm terminates the attorney's employment because that attorney obeyed a.
Pennsylvania State Police v. Grove, A.3d(Pa. Cmwlth. ), citing Bowling v. Office of Open Records, Pa.75 A.3d() (standard of review of appeals from determinations made by appeals officers under the RTKL is de novo and the scope of review is broad or plenary) (additional citations omitted).
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Eric Matthew Frein (born May 3, ) is an American domestic terrorist and murderer, convicted and sentenced to death for the Pennsylvania State Police barracks attack in which he shot and killed one State Trooper, and seriously injured another.A letter to his parents made it clear that he hoped to spark a revolution by his actions.
After being identified as a suspect three days after.Download