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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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In the United States, personal injury claims are given a statute limitation of two (2) years before the claim is outlawed. Within this period, one must obtain a lawyer and file a case before going to trial in court.Most people find this quite a hassle. Hiring a lawyer takes not only a lot of money, but also demands a considerable amount of time and energy to set up meetings and, of course, show up in court. Because of this, many clients resort to "settlements", or dealing with the case before going to trial. Of course, this doesn't mean settlement happens
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