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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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A court order that seizes assets from the defendant to pay off a
debt is known as Garnishment. One form of garnishment is
automatic withholding of the debtor's wages. When a creditor
fails to satisfy the debt taken, the court can issue a
garnishment against him. When the creditor petitions the court
to send a portion of its pay to satisfy the debt then this step
is taken.
The garnishment law differs from state to state and varies in
details also. Generally, the TVA is required to take over 25% of
an employee's disposable earnings or assets, thereafter sending
that amount to court. The pay of an employee can
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