Case law

Helms v. Hewitt

780 F.2d 367 · Court of Appeals for the Third Circuit · Jan 3, 1986

The district court subsequently found that the defendants were entitled to qualified immunity and entered judgment against the plaintiff. We affirmed without opinion. Helms v. … The defendants indicate that, as a result of the district court's qualified immunity finding, the plaintiff was not entitled to monetary damages.

Khalil Christian v. William Orr

512 F. App'x 242 · Court of Appeals for the Third Circuit · Jan 28, 2013

A defendant has the burden to establish that he is entitled to qualified immunity. Kopec v. Tate, 361 F.3d 772, 776 (3d Cir. 2004). … the right was clearly established.”

Clinton County Commissioners Arrest the Incinerator Remediation, Inc. ("a.i.r., Inc.") v. United States Environmental Protection Agency Carol Browner

116 F.3d 1018 · Court of Appeals for the Third Circuit · Jun 26, 1997

We find plaintiffs’ constitutional argument unpersuasive because it is inconsistent with established principles of sovereign immunity. … Id. at 1020; see also id. at 1023 (“CERC-LA’s timing of review procedures, as established in § [9613(h) ], clearly preclude jurisdiction to delay or interfere with EPA cleanup activities even if those activities could irreparably

Ramara Inc v. Westfield Insurance Co

814 F.3d 660 · Court of Appeals for the Third Circuit · Feb 17, 2016

Clearly, Axe made factual allegations that potentially would support a conclusion that Axe’s injuries were “caused, in whole or in part” by Fortress’s acts or omissions. … Clearly, a court taking into account the four corners rule must take care to base its analysis of the complaint on its factual allegations.

United States v. Robert B. Baker

293 F.2d 613 · Court of Appeals for the Third Circuit · Aug 9, 1961

The trial judge clearly instructed the jury that acceptance of money as a loan would not violate the Act. Thus, the verdict expresses the jury’s conclusion that these payments were not loans. … Testimony before Congress; immunity.’ and inserting in lieu thereof the following: “ ‘3486.

Cohen v. Board of Trustees of the University of Medicine & Dentistry

867 F.2d 1455 · Court of Appeals for the Third Circuit · Feb 10, 1989

In rejecting the individual defendants’ qualified immunity defense, the district court concluded that they should have known that Dr. … The Qualified Immunity Contention President Bergen, Dean Lanzoni and Dr.

CoreCivic Inc v. Governor of New Jersey

Court of Appeals for the Third Circuit · Jul 22, 2025

which Congress is best qualified to resolve.” … from such bur- dens is to be implied from the Constitution which established the system.”

Burr v. Hasbrouck Heights Police Department

131 F. App'x 799 · Court of Appeals for the Third Circuit · May 17, 2005

“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Id. … Netelkos was entitled to qualified immunity on the warrantless entry claim. 2.

Johnson v. Campbell

332 F.3d 199 · Court of Appeals for the Third Circuit · Jun 5, 2003

Although this sounds a bit like a qualified immunity defense, Campbell did not raise qualified immunity in the pleadings and does not phrase it as such before us. … Neither Campbell nor the Township pled the defense of qualified immunity. .

Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Larry O. Hulsey, an Individual Larry O. Hulsey & Co., a Texas Corporation, Defendants-Third Party v. Continental Illinois National Bank & Trust Company of Chicago, a National Banking Corporation, Third-Party

22 F.3d 1472 · Court of Appeals for the Third Circuit · Apr 13, 1994

The Court observed that if an implied exception to the general "sue and be sued" authorization exists, it must be clearly shown that the suit is not consistent with the statutory scheme, that an implied exception is necessary … Our opinion provided: 123 Under the circumstances of this case, petitioner has established a clear and indisputable right to have a jury trial on the FDIC's claims against him, individually....

Kelly N. Pryor Warren E. Spivey, Jr., Individually and on Behalf of All Others Similarly Situated v. National Collegiate Athletic Association

288 F.3d 548 · Court of Appeals for the Third Circuit · May 6, 2002

In Davis, the Court addressed a state official’s qualified immunity from damages under 42 U.S.C. § 1983 when that official, acting under the color of state law, had violated an individual’s civil rights. … discussing a claim for wrongful discharge under the public policy exception to the employment at-will doctrine, as well as § 1981, and stating that the “protection of employees from racial discrimination is without doubt a clearly

Philadelphia Marine Trade Ass'n-International Longshoremen's Ass'n Pension Fund v. Commissioner

523 F.3d 140 · Court of Appeals for the Third Circuit · Apr 15, 2008

Second, O’Neill does not qualify for third-party standing to assert the Fund’s right. A. … The Second Circuit’s reasoning in Deutsch — essentially that Congress’s de *152 sire was to create an easily applied and objective standard — is insufficient under the well-established principle that Congress must clearly

West v. Keve

571 F.2d 158 · Court of Appeals for the Third Circuit · Feb 15, 1978

The complaint clearly alleges facts meeting the deliberate indifference test. … The record establishes that the operation has been performed, but it does not establish that the plaintiff is being provided with adequate post-operative treatment.

Wheeler v. Towanda Area School District

950 F.2d 128 · Court of Appeals for the Third Circuit · Jan 3, 1992

First, the opinion and order establish that a given interpreter is not qualified to interpret for a particular student simply because the School District has pronounced him or her qualified. … The Secretary's opinion clearly established that this was not the case. The School District, under the terms of the Secretary's opinion, would have been required to replace Kane.

Daye v. Pennsylvania

483 F.2d 294 · Court of Appeals for the Third Circuit · Aug 3, 1973

United States, 306 F.2d 713 (3rd Cir. 1962) the Congress has enacted legislation which clearly establishes an intention that' states receiving federal highway funds will waive their immunity from suit. 10 They also contend … Daye, in addition, contends that if there has not been a waiver of immunity, the immunity of Pennsylvania and the Department of Transportation must fall before the guarantees of the Fourteenth Amendment.

Numah Wilson v. Joel Jean

661 F. App'x 234 · Court of Appeals for the Third Circuit · Sep 29, 2016

Qualified immunity, however, “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Accordingly, because it was not clearly established that there was no probable cause to arrest Wilson under the circumstances the officers confronted, qualified immunity was appropriate.2 We will affirm the order of the

Bennett v. Murphy

120 F. App'x 914 · Court of Appeals for the Third Circuit · Jan 14, 2005

Murphy’s Lack of Entitlement to Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages … Conclusion We have determined on the record before us that Murphy is not entitled to qualified immunity.

Lonzetta Trucking & Excavating Co. v. Schan

144 F. App'x 206 · Court of Appeals for the Third Circuit · Mar 31, 2005

Judge establish that the official’s conduct violated a clearly established legal norm that a reasonable person would have known. … Therefore, whether the official’s conduct violated a clearly established law, and whether they knew of the violation is at issue. However, this is not the sole issue.

Nieves v. Hess Oil Virgin Islands Corp.

819 F.2d 1237 · Court of Appeals for the Third Circuit · May 22, 1987

Although one can make arguments for a contrary policy, it is clearly rational to conclude that the public interest of the Virgin Islands population is better served by denying immunity to the borrowing employer. … has been its intent all along, which it clearly is here.

VENOCO, LLC v.

Court of Appeals for the Third Circuit · May 24, 2021

Nordic Vill., Inc., 503 U.S. 30, 39 (1992) (holding that the Bankruptcy Code did not clearly abrogate the federal government’s immunity from suits for monetary relief). … And while the Adversary Proceeding may not be clearly in rem in form, its function is to decide rights in Venoco’s property. See United States v.