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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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Sometimes people do stupid things, but someone who disobeys a court order is one of the craziest things one can do. In divorce court and family custody matters sometimes lawyers try to convince the judge that because of all the pressure of a divorce his client has acted in an unrational way, unfortunately judges rarely fell compassion when their orders are disregarded.
Divorce attorneys and their clients often use the same tall tales to ignoring court orders. One excuse is the other party also did it or the court's order was based on inaccurate information. These excuses rarely work.
One of the
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