Justia Civil Rights Opinion Summaries

The Pennsylvania Supreme Court granted discretionary review to determine whether the General Assembly abrogated high public official immunity when it enacted Section 6111(i) of the Pennsylvania Uniform Firearms Act (UFA), 18 Pa.C.S. sections 6101-6187. Appellees John Doe 1, John Doe 2, John Doe 3 and Jane Doe 1 were adult individuals residing in Franklin County who each applied for a license to carry a firearm (LTCF) by submitting an application to the Franklin County Sheriff’s Department. Subsequently, appellees filed the underlying eight-count class action complaint against Franklin County officials, pertinent here, Sheriff Dane Anthony (Sheriff Anthony, collectively, appellants), claiming, inter alia, violations of the confidentiality provision of Section 6111(i) and seeking damages. Appellees alleged they and several other applicants received notification of the approval, renewal, denial or revocation of their LTCF applications from appellants via postcards sent through the United States Postal Service (USPS), and the postcards were not sealed in an envelope. Appellees alleged, inter alia, appellants’ use of postcards to notify LTCF applicants of the status of their applications resulted in the notices being “visible [to] all individuals processing, mailing and serving the mail, as well as, [to] any individual receiving the postcard at the address, who may or may not be the applicant or license holder.” Appellees claimed these actions constituted “public disclosure” in violation of Section 6111(i). Central to this appeal is Count III of the Complaint, in which appellees specifically alleged Sheriff Anthony, in his management and leadership of the Sheriff’s Office, “instituted and directed the disclosure of confidential LTCF application information to the public, employees of the County and Sheriff’s Office not authorized under the UFA, [USPS] employees and other third parties at the same address who use the same mailbox as the LTCF applicant in violation of 18 Pa.C.S. §6111(i).” With regard to Count III, appellants sought dismissal of all claims against Sheriff Anthony on the basis that he was immune from suit as a high public official for any actions he took in his official capacity as Sheriff of Franklin County. The trial court sustained most of the preliminary objections and dismissed the entire complaint. Relevant here, the court concluded Sheriff Anthony qualified as a high public official, and was therefore immune from liability for any acts performed in his official capacity as sheriff. The Pennsylvania Supreme Court held the General Assembly did not abrogate high public official immunity through Section 6111(i), and thus reversed the Commonwealth Court on this issue. View "John Doe v. Franklin Co. Sheriff's Office" on Justia Law

This case comes to us for a second time to determine if the Southeastern Pennsylvania Transportation Authority (SEPTA) was exempted from the jurisdiction of the City of Philadelphia (the City) via the Philadelphia Commission on Human Relations (Philadelphia Commission) and the provisions of the Philadelphia Fair Practices Ordinance (FPO). This case originated in seven administrative proceedings against SEPTA that individuals instituted with the Philadelphia Commission from July 2007 through April 2009, alleging violations of the FPO. At least two of the administrative complaints included claims of types of discrimination against which the FPO offers protection, but that the Pennsylvania Human Relations Act (PHRA) did not cover. The Pennsylvania Supreme Court previously remanded this case to the Commonwealth Court to ascertain the legislative intent regarding this issue by employing the analysis set forth in “Dep‘t of Gen. Serv. v. Ogontz Area Neighbors Ass‘n,” (483 A.2d 448 (Pa. 1984)). On remand, the Commonwealth Court determined that, applying the Ogontz test, the language and statutory scheme of the relevant statutes revealed the legislature‘s intent to exempt SEPTA from actions brought under the FPO. The Supreme Court found the Commonwealth Court did not err in its determination that, under the first prong of the Ogontz analysis, the statutory language and legislative scheme of the enabling legislation disclosed the legislature‘s intent to exclude SEPTA from the jurisdiction of the FPO. The order of the Commonwealth Court was therefore affirmed. View "SEPTA v. City of Philadelphia" on Justia Law