Attorney Niles Benn's Legal Cases

Employment and labor

Thomas v. County of York, et al.

Jan 01, 2012

OUTCOME: Successful

United States District Court for the Middle District of Pennsylvania No. 1:06-cv-2218 Represented Employee claiming the existence of a sexually- based hostile work environment, gender discrimination ... , and retaliation. Employee alleged that another employee in a supervisory capacity engaged in inappropriate conduct in violation of the Pennsylvania Human Relations Ace and Title VII of the Civil Rights Act, including inappropriate sexual comments and unwelcome physical contact directed at the Employee. An investigation was conducted by the County that resulted in a suspension of the Employee against whom the Complaint had been filed. Subsequently, other facts had arisen causing the complaining Employee to allege retaliation and resulting in her being forced to resign. Suit was subsequently initiated and the matter was favorably resolved in the form of an amicable settlement during the course of litigation.

Communications and media

Keisling v. MediaNews Group, York Daily Record, et al.

May 02, 2011

OUTCOME: Successful

United States District Court for the Middle District of Pennsylvania, No. 1:09-cv 2181; Third Circuit No. 10-4346, 425 Fed. Appx. 106, May 2, 2011; United States Supreme Court No. 11-5101, 132 S. Ct. 3 ... 83, October 3, 2011 Plaintiff filed a §1983 action alleging that newspaper company, its newspaper, reporter and 24 other parties, including various governmental and judicial defendants, violated his rights under the First and Fourteenth Amendments to the United States Constitution. District Court granted the Media Defendants’ 12(b)(6) Motion to Dismiss. The decision was affirmed by the Third Circuit Court of Appeals and the United States Supreme Court denied plaintiff’s Petition for a Writ of Certiorari.

Communications and media

County of York v. Ted Czech, et al.

Jan 01, 2011

OUTCOME: Successful

York County Court of Common Pleas, No. 2009-SU-2892-08; Commonwealth Court No. 2584 CD 2009, 13 A.3d 594 (Pa. Commw. 2011). Newspaper reporter filed request under Pennsylvania Right-to-Know Law seekin ... g “time response logs” from York County 911. The reporter sought address or cross-street information with the time response logs in order to determine the reliability of response times and the efficiency of emergency responders resulting from York County 911 calls. The County of York denied the request and reporter appealed to the Pennsylvania Office of Open Records. The Office of Open Records reversed and ordered disclosure of the requested records and information. The County appealed the agency determination to the York County Court of Common Pleas, which reversed the Office of Open Records, holding that the term “time response log” did not encompass any form of destination address information. Newspaper reporter successfully appealed the Trial Court’s decision to the Commonwealth Court, which overturned the lower court’s decision and held that the term “time response log”, as used in Section 708(b)(18) of the Right-to-Know Law, did not exempt destination address or cross-street information and that this type of information had to be made available with the County’s time response logs. This case has statewide impact since it was not appealed and a matter of “first impression.”

Communications and media

Wright v. York Daily Record, et al.

Aug 27, 2009

OUTCOME: Successful

United States District Court for the Middle District of Pennsylvania, No. 1:09-cv-0022; August 27, 2009 Plaintiff filed a §1983 action against a newspaper, its reporter, a prosecutor and a public de ... fender, alleging that the defendants violated his rights under the Pennsylvania Constitution and the First and Fourteenth Amendments to the United States Constitution. Plaintiff based his action upon a newspaper article published in the York Daily Record. Media Defendants filed a 12(b)(6) Motion to Dismiss, arguing that they were not state actors for purposes of §1983. The District Court granted Media Defendants’ Motion and denied Plaintiff leave to amend his complaint.

Niles Benn's Legal Cases (4)

Thomas v. County of York, et al.

Keisling v. MediaNews Group, York Daily Record, et al.

County of York v. Ted Czech, et al.

Wright v. York Daily Record, et al.