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REPORTING DECISIONS THROUGH FEBRUARY 3, 2006
PENNSYLVANIA STATE COURT DECISIONS
1. CAUSES OF ACTION
1.1. Civil Remedies For Violations of State Constitutional Rights
► Commonwealth Court of Pennsylvania ♦ Jones v. City
of Philadelphia No. 795 C.D. 2004 (January 25, 2006)
Holding: A city or other local government is not liable for
monetary damages under Article I, Section 8 of the Pennsylvania
Constitution for a claim of excessive force. Of note is the en
banc Court's finding that the plaintiff failed to show that his
rights against governmental use of excessive force were not
sufficiently protected by the Fourth Amendment. Judge
Smith-Ribner filed a dissenting opinion, in which she was joined
by Judge
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I'm sure we can all agree that people do foolish things. One of the most foolish is to disobey a court order, particularly in a court where divorce matters of custody and family support are concerned. And compounding the foolishness are the attempts of divorce attorneys who try to rationalize their clients' disobedience. Both divorce clients and divorce attorneys often rely on the same two excuses to try to justify disregarding court orders with regard to divorce. They are:
(1) the other side did it first and
(2) the court's order was based on dishonest or incorrect information. Neither of those excuses
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