Case law

Kerr Center Parents Assoc. Jasen Richardson, by and Through His Parent Candace Richardson Matthew Hasek, by and Through His Legal Guardian Barbara Hasek Joseph Barrett, by and Through His Parent Robert Barrett v. Donald Charles and Lake Oswego School District, Defendant-Cross-Claimants v. Karen Roach Verne Duncan the Children's Services Division, and the Oregon Department of Education, Defendants-Cross-Claim-Defendants-Appellants. Nancy G. Klinger, Third-Party v. Centennial 28j, Third-Party and Karen Roach Verne Duncan Children's Services Division and Oregon Department of Education, Third-Party Kerr Center Parents Assoc. Jasen Richardson, by and Through His Parent Candace Richardson Matthew Hasek, by and Through His Legal Guardian Barbara Hasek Joseph Barrett, by and Through His Parent Robert Barrett v. Donald Charles Karen Roach Vern Duncan the Lake Oswego School District the Children's Services Division and the Oregon Department of Education

842 F.2d 1052 · Court of Appeals for the Third Circuit · Mar 9, 1988

By virtue of this agreement, the State qualifies for receipt of federal funds for special education. … Jordan, 440 U.S. 332, 337 , 99 S.Ct. 1139, 1143 , 59 L.Ed.2d 358 (1979). 23 To this general rule, however, there are certain well-established exceptions. See Atascadero State Hosp. v.

United States v. Ernest Harris

751 F.3d 123 · Court of Appeals for the Third Circuit · May 9, 2014

To qualify for a § 3E1.1(b) reduction, however, the defendant must first qualify for a 2-level reduction under § 3E1.1(a). … According to Harris, the firearm owner’s purported lack of credibility establishes that the government could not prove the firearm was stolen, and therefore the district court clearly erred in so finding.

Cheryl Harris v. Kellogg Brown & Root Services

724 F.3d 458 · Court of Appeals for the Third Circuit · Aug 1, 2013

I During the Iraq War, the United States military established the Radwaniyah Palace Complex as a base of operations. … As to the combatant-activities prong, KBR’s maintenance of electrical systems at a barracks in an active war zone qualifies as integration into the military’s combatant activities.

Sterling v. Borough of Minersville

232 F.3d 190 · Court of Appeals for the Third Circuit · Nov 6, 2000

The court further ruled that the officers were not entitled to qualified immunity since their conduct violated Wayman’s clearly established right to privacy as protected by the Constitution. … We have previously set forth the analytical framework for deciding qualified immunity claims. First, we must determine if the plaintiff has alleged a deprivation of a clearly established constitutional right. Assaf v.

WINSETT v. McGINNES

617 F.2d 996 · Court of Appeals for the Third Circuit · Mar 24, 1980

Strickland, supra, the Supreme Court recognized a qualified immunity for school board members. … First, the Court stated: 48 (T)he immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or

Albert E. Robinson and Rose M. Robinson v. United States

920 F.2d 1157 · Court of Appeals for the Third Circuit · Jan 23, 1991

In addition, the IRS asserts that Aqua Bar does not apply because failure to send out a notice of deficiency inevitably undermines the procedures required to establish a valid assessment and, therefore, the challenge to the … In the income tax case here, however, Congress has authorized an additional remedy, suit in the Tax Court before payment, and has clearly spelled out the prerequisites.

Edith P. Goodwin v. Hartford Life Insurance Company

491 F.2d 332 · Court of Appeals for the Third Circuit · Jan 14, 1974

Indeed, if such a finding had been made, we feel that it would have been clearly erroneous. … Given these facts, we feel compelled to conclude that good faith is not established since, under the language of Watt Estate , the appellee’s deceased husband clearly had, at a minimum, “the means of knowledge of the truth

Obado v. UMDNJ, Behavioral Health Center

524 F. App'x 812 · Court of Appeals for the Third Circuit · Apr 23, 2013

2) if so, was that right so clearly established at the time of the defendant‟s actions that he or she would have reason to know that his or her conduct was wrongful? … In this regard, we may correct a district court‟s erroneous conclusion at the first step of the qualified immunity inquiry.

Luis Dutton Myrie v. Attorney General United State

855 F.3d 509 · Court of Appeals for the Third Circuit · Apr 28, 2017

Next, the IJ assesses whether the likely response from public officials qualifies as acquiescence under the governing regulations. … In any subsequent opinions in this case, the BIA should endeavor to explain clearly which conclusions of the IJ it is reviewing and which standard it is applying in so doing.

Schlaflin v. Borowsky

128 F. App'x 258 · Court of Appeals for the Third Circuit · Apr 12, 2005

The officers moved for summary judgment on the basis of qualified immunity, and this motion was granted. … Thus, because we find that it would not have been clear to a reasonable officer in the defendants’ position that their conduct violated a clearly established right, we hold that the officers were entitled to qualified

Juliana Arreaga Bravo v. Attorney General United States

27 F.4th 182 · Court of Appeals for the Third Circuit · Mar 2, 2022

females,” and “Guatemalan females subjected to gang recruitment who refuse such recruitment”—did not qualify as particular social groups sufficient to obtain relief. … To qualify for relief under CAT, an individual must establish that “it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R. § 1208.16(c)(2); see Kaplun v.

North Jersey Media Group, Inc. v. John Ashcroft

308 F.3d 198 · Court of Appeals for the Third Circuit · Oct 8, 2002

Consequently, I would find a qualified right of access to deportation hearings. … In Globe Newspaper, the Court stated this point most clearly. Appellees in that case sought to limit the Richmond Newspapers analysis to rape trials.

Newmark v. Principi

283 F.3d 172 · Court of Appeals for the Third Circuit · Mar 13, 2002

After briefing by the parties, the District Court determined that since the offer of judgment specifically provided for the award of attorneys’ fees under the EAJA, the Court did not need to establish whether the ADEA would … paid by the United States; and (ii) attorney fees shall not be awarded in excess of $125 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified

GARCIA, Emilio, Appellant, v. SCHWEIKER, Richard S., Secretary Department of Health and Human Services

829 F.2d 396 · Court of Appeals for the Third Circuit · Sep 21, 1987

The fact of the matter is, however, that the agency’s position clearly offended established precedent. … The mere fact, however, that one private counsel and one non-profit agency did not wish to handle Garcia’s claim does not establish limited availability of qualified attorneys for the case.

Lunderstadt v. Colafella

885 F.2d 66 · Court of Appeals for the Third Circuit · Oct 17, 1989

In affirming the broad scope of legislative immunity, the Court in Tenney explained, "[i]nvestigations, 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

David Holt, II v. Commonwealth of Pennsylvania

683 F. App'x 151 · Court of Appeals for the Third Circuit · Mar 20, 2017

“[Q]ualified immunity 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 would have … She is thus entitled to qualified immunity. See Mammaro v. N.J.

Miller v. Indiana Hospital

843 F.2d 139 · Court of Appeals for the Third Circuit · Mar 31, 1988

Because this legislation is not applicable to this litigation, we do not decide if the hospital’s actions were immunized thereunder. . … We explained that "we do not doubt that a hospital could exclude an applicant from staff privileges either because he is not medically qualified or because of unprofessional conduct, so long as the hospital applies the same

Donahue v. Gavin

280 F.3d 371 · Court of Appeals for the Third Circuit · Feb 7, 2002

Government officials exercising discretionary functions have qualified immunity from suits seeking damages under S 1983 "insofar as their conduct does not violate clearly established statutory or constitutional rights of … Thus, the district court should only have considered the defendants' claim of immunity if Donahue first established that their conduct violated a clearly established statutory or constitutional right. Wilson v.

Acierno v. Cloutier

40 F.3d 597 · Court of Appeals for the Third Circuit · Oct 18, 1994

in nature, or did not abrogate a clearly established property interest. … In a recent discussion of the "clearly established" right aspect of the qualified immunity determination, we stated: The right an official is alleged to have violated must have been "clearly established

Harold C. Blanks v. Murco Drilling Corp., Defendant-Third Party Federal Insurance Co., Third Party v. Anr Production Co., New York Marine & General Insurance Co., Third Party

766 F.2d 891 · Court of Appeals for the Third Circuit · Jul 29, 1985

Although there was no written contract between ANR and Consolidated, Consolidated was clearly working directly for ANR and for ANR's benefit. … This absurd result would defeat the purpose of granting immunity to a principal.