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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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Many years ago, I began the painful and frustrating journey
called divorce. I had no idea that when my wife left me and the
children, someday I would be fighting to get them back.
I am amazed at how often I hear stories of men who have been
fighting for years just to maintain custody. Like myself, these
fathers at one time had joint custody or were the primary
custodial parent. All too often, the mother in the situation
simply files a few papers with the court, make a few
allegations, and before you know it she has the kids and the
father is left with nothing. There has
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