Judge Munley of Federal Middle District Court Addresses Scope of State Created Danger Claims

In the case of T.M. v. East Stroudsburg Area School District, No. 3:24-CV-1465 (M.D. Pa. Dec. 11, 2025 Munley, J.), the court granted in part and denied in part a Defendant’s Motion to Dismiss a personal injury action arising out of allegations that the minor Plaintiff, who was a 6 year old boy with special education needs, allegedly sustained permanent injuries after being allegedly violently beaten by another student on a school bus.

According to the Opinion, the case involved, at a minimum, constitutional claims against the school district and certain school officials, as well as state law claims under the Political Subdivision Tort Claims Act (PSTCA). Included in the claims were state created danger federal claims.

As part of her decision, Judge Julia K. Munley rejected the defense argument that the Plaintiffs were required to allege “affirmative acts” on the part of the state actors to meet the legal standards required to proceed on a claim of a state created danger.

Judge Julia K. Munley
M.D. Pa.

Rather, Judge Munley agreed with the Plaintiff’s argument that an awareness of a risk, coupled with acts of omission or failures to act, could render the Plaintiff more vulnerable to harm. The court therefore held that such circumstances could constitute “affirmative misuse of state authority” sufficient to establish a state created danger claim, assuming the other elements of that cause of action are also met. In so ruling, the court rejected the Defendants’ argument that affirmative action is required to support a claim of a state created danger.

The court also addressed the vehicle exception to governmental immunity under the PSTCA. The court rejected the Defendants’ argument that the Plaintiff’s injury must stem from the actual operation of a vehicle in motion. To the contrary, the court ruled that the exception applies even where a state actor is in actual physical control of the vehicle when the harm occurs, such as even when a parked vehicle is involved. Accordingly, the court ruled that the exception could apply regardless of whether the vehicle was in motion.

Judge Munley additionally rejected the defense argument that pain and suffering damages were not available to the 6 year old minor Plaintiff under the PSTCA. The Defendants argued that the minor’s injuries did not amount to a permanent loss of bodily function or disfigurement. In this case, the Plaintiff sustained a concussion, facial contusions and lacerations, and severe PTSD.

Judge Munley found that such injuries did in fact support a request for pain and suffering damages under the PSTCA.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE


I send thanks to Attorney Robert T. Moran of the Moran Law Group, LLC in Scranton, PA for bringing this case to my attention.

Federal Court Allows Civil Rights Claim to Proceed Regarding Fatal Fire Case

In the case of McDonald v. Philadelphia Housing Authority, No. 24-CV-0057 (E.D. Pa. Aug. 18, 2025 Quinones Alejandro, J.), the court granted a Motion to Dismiss a state-created danger claim but denied civil rights claims asserted against the Philadelphia Housing Authority in a case involving a fatal fire.

According to Opinion, this civil rights action arose out of the deaths of twelve (12) individuals following a fire at a residential apartment building owned and managed by the Philadelphia Housing Authority. Among the allegations was an allegation that the Defendant did not have any working smoke detectors in the building at the time, a fact that was allegedly known by certain employees of the Defendant. The Plaintiffs alleged that, because of the lack of working smoke detectors, the occupants of the building were not alerted to the fire until it was too late.

After reviewing the record before the court, the judge dismissed the Plaintiff’s claims of a state-created danger.

However, the court denied the Defendant’s Motion to Dismiss the Plaintiffs’ claims of municipal liability under the civil rights act. The court rejected the Defendants’ argument that the civil rights claims should be dismissed on the grounds that the state-created danger claims were dismissed.

The court emphasized that the Plaintiffs’ civil rights claims were different from the state-created danger claims and had different requirements. Accordingly, the court found that the City’s sole reliance on the court’s dismissal of the state-created danger claims as the basis for its requested dismissal of the civil rights claims was misplaced.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.


Source – Article: “Judge Rejects City’s Efforts To Toss Liability Claims for Phila. Fatal Apartment Fire.” By Nicholas Malfitano of The Pennsylvania Law Weekly (Aug. 20, 2025).