plaintiff must allege violation in Pennsylvania

2025See Hill v. Pa. Dep’t of Corr., 271 A.3d 569 , 573 (Pa. Cmwlth. 2022) (emphasis omitted) (quoting West v. Atkins, 487 U.S. 42, 48 (1988)) (“[T]o state a claim under [Section] 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law.”).

2023“To state a claim under [Section] 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the [U.S.], and must show that the alleged deprivation was committed by a person acting under color of state law.” Hill v. Pennsylvania Department of Corrections, 271 A.3d 569 , 573-74 (Pa. Cmwlth. 2022) (quoting West v. Atkins, 487 U.S. 42, 48 , (1988)) (emphasis omitted).

2017The trial court indicated that “[w]hile the courts have found that traditional state and territorial law remedies continue to exist for violation of those standards, the plaintiff must allege the violation of federal standard of care as established under the FAA.” Id. (citing Abdullah v. American Airlines, Inc., 181 F.3d 363, 371 (3d Cm. 1999)). 2 The trial court acknowledged Appellant’s assertion that she could cure the failure to include the applicable federal standards by filing an amended complaint, “but [she] has failed to do so.” Id.

2017The trial court indicated that “[w]hile the courts have found that traditional state and territorial law remedies continue to exist for violation of those standards, the plaintiff must allege the violation of federal standard of care as established under the FAA.” Id. (citing Abdullah v. American Airlines, Inc., 181 F.3d 363, 371 (3d Cm. 1999)). 2 The trial court acknowledged Appellant’s assertion that she could cure the failure to include the applicable federal standards by filing an amended complaint, “but [she] has failed to do so.” Id.

2023“Section 1983 claims may be brought in the courts of this Commonwealth and are not subject to state sovereign immunity defenses.” Watkins v. Pennsylvania Department of Corrections, 196 A.3d 272, 274 (Pa. Cmwlth. 2018). 5 “[P]ersonal involvement of defendants in an alleged constitutional violation is a prerequisite under Section 1983.” Rivera v. Silbaugh, 240 A.3d 229 , 237 (Pa. Cmwlth. 2020) (citations omitted).

2022However, “a plaintiff is not required to set forth the statute by stating a ‘Section 1983’ cause of action in his complaint[.]” Weaver v. Franklin Cnty., 918 A.2d 194, 200 (Pa. Cmwlth. 2007) (quoting Clark v. Se.

2022The United States Supreme Court has held that “[t]o state a claim under [Section] 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988) (emphasis added); see also Owens v. Shannon, 808 A.2d 607 (Pa. Cmwlth. 2002).