section 1983 state a claim in Pennsylvania

2023See Owens v. Shannon, 808 A.2d 607 (Pa. Cmwlth. 2002) (to state a claim under Section 1983, a plaintiff must: (1) allege a violation of rights secured under the [U.S.] Constitution or [U.S.] law[;] and (2) show that the alleged violation was committed by a person acting under color of state law).

2019In order to state a claim under Section 1983, a plaintiff must “(1) allege a violation of rights secured by the United States Constitution or the laws of the United States, and (2) show the alleged deprivation was committed by a person acting under the color of state law.” Owens v. Shannon, 808 A.2d 607 , 609 n.6 (Pa. Cmwlth. 2002).

2018To state a claim under 42 U.S.C. §1983 , a plaintiff “must establish that [he was] deprived of a right secured by the Constitution or laws of the United States, and that the alleged deprivation was committed under color of state law.” American Manufacturers Mutual Insurance Company v. Sullivan, 526 U.S. 40, 49-50 (1999). 8 Appellate review of a trial court’s order sustaining preliminary objections and dismissing a complaint is limited to determining whether the trial court committed an error of law or an abuse of discretion.

2016To state a claim under 42 U.S.C. §1983 ,8 a plaintiff “must establish that [he was] deprived of a right secured by the Constitution or laws of the United States, and that the alleged deprivation was committed under color of state law.” American Manufacturers Mutual Insurance Company v. Sullivan, 526 U.S. 40, 49-50 (1999).

2001“The economic drain of civil rights litigation on public resources is simply too great to permit cases to go forward without a substantial indication that a constitutional violation has occurred.” Pace Resources, Inc. v. Shrewsbury Township, 808 F.2d 1023, 1027 (3d Cir.1987), cert. denied, 482 U.S. 906 , 107 S.Ct. 2482 , 96 L.Ed.2d 375 ....

1996“The economic drain of civil rights litigation on public resources is simply too great to permit cases to go forward without a substantial indication that a constitutional violation has occurred.” Pace Resources, Inc. v. Shrewsbury Township, 808 F.2d 1023, 1027 (3d Cir.1987), cert. denied, 482 U.S. 906 , 107 S.Ct. 2482 , 96 L.Ed.2d 375 (1987).

2000As for Petitioners’ claims of retaliation, this Court has said that “[w]hile ... decisions of prison officials regarding place and conditions of confinement are largely discretionary, we also recognize that a prisoner may properly state a claim under 42 U.S.C. § 1983 , if such a discretionary decision was made by reason of a prisoner’s exercise of his constitutional rights.” Johnston, 609 A.2d at 884 (citing McDonald v. Hall, 610 F.2d 16, 18 (1 st Cir.1979)).

1992See McDonald v. Hall, 610 F.2d 16, 18 (1st Cir.1979) and numerous cases cited therein.

2019Anelli v. Arrowhead Lakes Cmty. Ass’n, Inc., 689 A.2d 357, 360 (Pa. Cmwlth. 1997).

2018Anelli v. Arrowhead Lakes Community Association, Inc., 689 A.2d 357 (Pa. Cmwlth. 1997).

1995Oatess v. Norris, 431 Pa.Super. 599, 602 , 637 A.2d 627, 629 (1994), citing Parratt v. Taylor, 451 U.S. 527, 535 , 101 S.Ct. 1908, 1913 , 68 L.Ed.2d 420, 428 (1981).

1995Oatess v. Norris, 431 Pa.Super. 599, 602 , 637 A.2d 627, 629 (1994), citing Parratt v. Taylor, 451 U.S. 527, 535 , 101 S.Ct. 1908, 1913 , 68 L.Ed.2d 420, 428 (1981).

2026Pettit v. Namie, 931 A.2d 790, 802 (Pa. Cmwlth. 23 2007).

2025Todora v. Buskirk, 96 A.3d 414, 420 (Pa. Cmwlth. 2014).

2025See Benn v. Universal Health Sys., Inc., 371 F.3d 165 , 174 (3d Cir. 2004).

2023Bundy v. Beard, 924 A.2d 723, 727 (Pa. Cmwlth.), aff’d, 941 A.2d 646 (Pa. 2007).

2022Ill. 2017) (“[Section] 1983’s color of law requirement concerns whether a police officer wielded— with or without authorization—state authority[.]”), with Restatement (Second) of Agency § 228 (1958) (conduct falls within the scope of one’s employment only when it is “of the kind he is employed to perform,” it “occurs substantially within the authorized time and space limits,” and it “is actuated, at least in part, by a purpose to serve the master”). 27 See, e.g., Anderson, 250 F. Supp. 3d at 350 (holding that the phrase “‘under color of” state law under § 1983 is not coextensive with ‘scope of

2022Ill. 2017) (“[Section] 1983’s color of law requirement concerns whether a police officer wielded— with or without authorization—state authority[.]”), with Restatement (Second) of Agency § 228 (1958) (conduct falls within the scope of one’s employment only when it is “of the kind he is employed to perform,” it “occurs substantially within the authorized time and space limits,” and it “is actuated, at least in part, by a purpose to serve the master”). 27 See, e.g., Anderson, 250 F. Supp. 3d at 350 (holding that the phrase “‘under color of” state law under § 1983 is not coextensive with ‘scope of

2018Podolak v. Tobyhanna Township Board of Supervisors, 37 A.3d 1283, 1286-87 (Pa. Cmwlth. 2012).

2018It is settled that to state a claim under Section 1983, a plaintiff must establish that he was deprived of a federal constitutional or statutory right by “a state actor.” Kach v. Hose, 589 F.3d 626, 646 (3d Cir. 2009).

2018Snead v. Society for Prevention of Cruelty to Animals of Pennsylvania, 929 A.2d 1169, 1180 (Pa.Super. 2007) (citations omitted).

2014Hill v. Borough of Kutztown, 455 F.3d 225, 233-34 (3d Cir.2006).

2008Estelle v. Gamble, 429 U.S. 97, 104-106 (1976); Sample v. Diecks, 885 F.2d 1099, 1109 (3d Cir. 1989).

2008Estelle v. Gamble, 429 U.S. 97, 104-106 (1976); Sample v. Diecks, 885 F.2d 1099, 1109 (3d Cir. 1989).

2007Id. at 1412 (citing Simmons v. City of Philadelphia, 947 F.2d 1042, 1067 (3d Cir. *1019 1991) (opinion announcing judgment of the court)). 12 Applying the foregoing standard, the District Court noted that only three successful suicides and several attempted suicides had occurred in the six years preceding Chain’s attempt to hang himself.