Case law

United States v. County of Lawrence, City of New Castle, City of New Castle School District, County of Lawrence Institution District

280 F.2d 462 · Court of Appeals for the Third Circuit · Jul 1, 1960

In view of the foregoing we find it unnecessary to discuss the failure to show here the essential factual elements to establish an equitable estoppel in any event. … The appellees have not brought themselves outside the established doctrine *469 'that federal property is immune from local taxation regardless of the use to which it may be put. McCulloch v.

Estate of Omayra Sob v. City of Jersey City

334 F. App'x 492 · Court of Appeals for the Third Circuit · Jun 16, 2009

This Court’s jurisdiction, however, is limited to determining “‘whether the set of facts identified by the district court is sufficient to establish a violation of clearly established constitutional right.’” Rivas v. … The doctrine of qualified immunity protects government officials “from civil liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

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

Kadonsky v. New Jersey

188 F. App'x 81 · Court of Appeals for the Third Circuit · Jun 30, 2006

The “nonmoving party cannot rely upon eonclusory allegations in its pleadings or in memoranda and briefs to establish a genuine issue of material fact.” Pastore v. … We agree with the District Court that Kadonsky’s false arrest and imprisonment claims and related conspiracy claims against the Somerset County and Brown defendants are clearly time-barred. 5 The malicious prosecution claim

98 Cal. Daily Op. Serv. 7413, 98 Daily Journal D.A.R. 10,293 Federal Deposit Insurance Corporation, as Sole Receiver for Montana Federal Savings Bank of Kalispell, Montana, Plaintiff-Counter-Defendant- Third Party v. Roger Craft, A/k/a/ Roger L. Craft and Norma J. Craft, Defendants-Counter-Claimants-Third Party v. United States of America, Office of Thrift Supervision, as Successor to Federal Home Loan Bank Board, Third Party

157 F.3d 697 · Court of Appeals for the Third Circuit · Sep 25, 1998

The district court's findings are binding unless clearly erroneous. … Moreover, the district court made a specific factual finding that the Crafts had not established any actual damages such as would be allowable, and the Crafts have not demonstrated that this finding was clearly erroneous.

Hancock Industries v. Schaeffer

811 F.2d 225 · Court of Appeals for the Third Circuit · Feb 6, 1987

Louisiana Power & Light Co., 435 U.S. 389, 413 , 98 S.Ct. 1123, 1136 , 55 L.Ed.2d 364 (1978)). 30 The Hallie Court addressed the issue of "how clearly a state policy must be articulated for a municipality to be able to establish … are entitled to the state's antitrust immunity: 42 First, the challenged restraint must be "one clearly articulated and affirmatively expressed as state policy"; second, the policy must be "actively supervised" by the State

In the Matter of the Estate of Van B. Hooper, Deceased. The Government of the Virgin Islands

359 F.2d 569 · Court of Appeals for the Third Circuit · May 12, 1966

Croix to a person, *523 firm or corporation qualifying as a new industry. … Croix and to encourage the establishment of new industries and other business enterprises, and to promote and stabilize the economy”.

Wiltshire ex rel. Wiltshire v. Government of the Virgin Islands

893 F.2d 629 · Court of Appeals for the Third Circuit · Jan 12, 1990

Greiner Engineering, Inc., 861 F.2d 784 (3d Cir.1988) (determining *633 meaning of particular contract term clearly involves construction). … Having established that under the Malpractice Act the government has waived its sovereign immunity to a possible maximum of $250,000 per occurrence, we must now determine how Candida is to be compensated under the terms of

United States v. Leary

206 F. App'x 111 · Court of Appeals for the Third Circuit · Dec 1, 2006

Refusal to Immunize Richie Bryant Both Travis and Paul Leary claim they are entitled to a new trial based upon the district court’s refusal to immunize Richie Bryant. … The first condition is clearly not satisfied here.

Lavia v. Pennsylvania, Department of Corrections

224 F.3d 190 · Court of Appeals for the Third Circuit · Aug 8, 2000

abrogating state immunity. … In doing so, Congress clearly defined the ADA’s purpose 5 and made extensive findings *198 with respect to the discrimination suffered by the disabled in the United States. 6 Title I of the ADA covers all public and private

In Re Ford Motor Company

110 F.3d 954 · Court of Appeals for the Third Circuit · May 2, 1997

Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), the Court allowed the immediate appeal of a claim to qualified immunity in part because such immunity was intended to reduce " 'the general costs of subjecting … Forsyth, 472 U.S. 511, 525-27 , 105 S.Ct. 2806, 2814-16 , 86 L.Ed.2d 411 (1985) (examining qualified immunity); Nixon v.

Gurmankin v. Costanzo

626 F.2d 1115 · Court of Appeals for the Third Circuit · Jun 30, 1980

Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975), where the Supreme Court enunciated a qualified, good faith immunity for school board members acting within the scope of their official duties. … It is true, as the majority opinion recites, that under Owen, a municipality no longer enjoys even a qualified immunity from civil rights liability based on the good faith of its officials.

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. … There are two problems with this argument: first, as was clarified at oral argument, Campbell did not raise the defense of qualified immunity in his pleadings; he may not raise it for the first time on appeal.

McKay v. Heyison

614 F.2d 899 · Court of Appeals for the Third Circuit · Feb 4, 1980

Such a denial of a motion for intervention of right is clearly appealable under the law in this circuit and does not depend on the merits of the motion. McClune v. … to be made or who shall, designate any *901 other qualified physician.

Lunderstadt v. Colafella

885 F.2d 66 · Court of Appeals for the Third Circuit · Sep 11, 1989

In affirming the broad scope of legislative immunity, the Court in Tenney explained, “[investigations, whether by standing or special committees, are an established part of representative government. … Apparently in response to the statement in appellees’ brief that appellants challenge on appeal only the dismissal of the post-August 4, 1986 statements, appellants in their reply brief state merely that “[t]he court clearly

Edward C. Denneny and Catherine Denneny v. Bernard Siegel, Louis H. Block and the Albert Einstein Medical Center

407 F.2d 433 · Court of Appeals for the Third Circuit · Apr 15, 1969

At the time this action was initiated in 1962, the doctrine of charitable immunity was in force in Pennsylvania. … Following the abandonment of the immunity doctrine by the Pennsylvania Supreme Court in Flagiello v.

Jonathan Voorhis v. Patrick Ginkel

Court of Appeals for the Third Circuit · Sep 5, 2025

Voorhis’s false imprisonment claim also likely lacks merit but, regardless, Ginkel is entitled to qualified immunity from that claim, too. … Ginkel argued in the District Court that he is entitled to qualified immunity from Voorhis’s malicious prosecution claim. See ECF No. 17 at 8-9.

Green v. USX Corp.

896 F.2d 801 · Court of Appeals for the Third Circuit · Feb 23, 1990

Applicant flow data accurately reflects the pool of qualified candidates. … We cannot say that the district court’s finding in this regard is clearly erroneous.

Michael Revak v. National Mines Corporation and Old Republic Companies, and Director, Office of Workers' Compensation Programs, Party-In-Interest

808 F.2d 996 · Court of Appeals for the Third Circuit · Apr 3, 1987

.-203(a), or must the AU find the presumption triggered so long as the claimant adduces a single piece of qualifying evidence establishing disability. … This is clearly not the case *1002 with respect to the interim criteria.

Green v. New Jersey State Police

246 F. App'x 158 · Court of Appeals for the Third Circuit · Aug 29, 2007

When examining whether officers are entitled to qualified immunity, “the first *161 inquiry must be whether a constitutional right would have been violated on the facts alleged.” Saucier v. … We *163 have stated that these factors “are well-recognized,” Couden, 446 F.3d at 497 , and that when an officer applies them in “an unreasonable manner, he is not entitled to qualified immunity.”