Case law

Parks v. Darby Borough

70 F. App'x 64 · Court of Appeals for the Third Circuit · Jul 7, 2003

Katz 3 test of qualified immunity and that they are entitled to qualified immunity. … [we] next...ask whether the [constitutional] right was clearly established.” Saucier, 533 U.S. at 201.

5 Fair empl.prac.cas. 908, 5 Empl. Prac. Dec. P 8557 Dr. Ina Braden, on Behalf of Herself and All Others Similarly Situated v. The University of Pittsburgh and Wesley W. Posvar

477 F.2d 1 · Court of Appeals for the Third Circuit · Apr 11, 1973

substance that the defendants have enacted and effected policies and practices of unlawful and systematic exclusion of and discrimination against women by hiring them at lower rank and lesser pay than similarly-trained and qualified … The position of the district judge with regard to the pendent jurisdiction issue is clearly correct if in fact there was no federal jurisdiction.

I-Kiem Smith v. J Price

610 F. App'x 113 · Court of Appeals for the Third Circuit · Apr 21, 2015

That said, although Smith did not discuss qualified immunity, our holding as to his 7 excessive force claim necessarily undermines the District Court’s qualified immunity ruling … If so, then courts must determine whether this conduct violated rights that were clearly established at the time of the incident. Id.

David Sivella v. Township of Lyndhurst

Court of Appeals for the Third Circuit · Aug 3, 2021

immunity because he failed to show that “he did not violate clearly established constitutional rights.” … Accordingly, Giangeruso’s entitlement to qualified immunity turns on whether, in October 2013, it was clearly established that a request for an investigation could constitute a retaliatory act for purposes of the First

Pacira Biosciences Inc v. American Society of Anesthesiologists Inc

63 F.4th 240 · Court of Appeals for the Third Circuit · Mar 24, 2023

Id. at 226 (“[A] qualified privilege [for trade libel] should exist wherever it would exist in a defamation action.”); see also Va. State Bd. of Pharmacy v. Va. … they established the claim made.”

United States v. Stanley Apfelbaum

621 F.2d 62 · Court of Appeals for the Third Circuit · Apr 28, 1980

in the indictment. 1 The Su *64 preme Court reversed our ruling and held that the use of the immunized testimony was proper. … The ■ safeguards emphasized in that case included (1) clearly instructing the jury that they were to consider any incidents brought out in cross-examination only for purposes of assessing the witness’ standard of opinion

Miller v. State of NJ

144 F. App'x 926 · Court of Appeals for the Third Circuit · Aug 2, 2005

damages in an individual capacity pursuant to 42 U.S.C. § 1983 is entitled to qualified immunity unless the plaintiff shows that the official violated “clearly established federal … ., a clearly established Constitutional right protected by the Second Amendment.

Stolt-Nielsen, S.A. Stolt-Nielsen Transportation Group Ltd. Richard B. Wingfield v. United States

442 F.3d 177 · Court of Appeals for the Third Circuit · Mar 23, 2006

Indeed, it found that “the date when [StolN-Nielsen] ended, its participation [in the conspiracy] was never clearly established,” id. at 562 n. 10, and therefore, in light of the Agreement’s integration clause, “DOJ, especially … It is also well established that the Government must adhere strictly to the terms of agreements made with defendants — including plea, cooperation, and immunity agreements — to the extent the agreements require defendants

Charles Sean Kruzits and Mary Kruzits v. Okuma MacHine Tool, Inc. Heller Financial, Inc. Gosiger, Inc. v. Vincent W. Visco, D/B/A Vistek Industries, Third-Party Heller Financial, Inc.

40 F.3d 52 · Court of Appeals for the Third Circuit · Dec 14, 1994

The court accepted Vistek's argument that the indemnity provision in the lease agreement was not specific enough to overcome Vistek's employer's immunity under the PWCA. … Under Rule 12(c), we will not grant judgment on the pleadings "unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law." Id.

Douglas Edwards v. City of Philadelphia and Officer Haworth, James, Badge No. 2944

860 F.2d 568 · Court of Appeals for the Third Circuit · Nov 21, 1988

Whitfield, 736 F.2d 766, 769 (D.C.Cir.1984) (“physical contact batteries may qualify for absolute immunity when administered by federal security or law enforcement officers whose job it is to maintain order and the public … We agree that allocating this burden to the plaintiff, as part of the proofs that he or *573 she must make to establish the elements of the § 1988 claim, is proper.

Jeffrey D. Lavia v. Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Greene

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

abrogating state immunity. … It protects those qualified disabled individuals "who, with or without reasonable accommodation, can perform the essential functions of the employment position," id S 12111(8), from discrimination in "the hiring, advancement

Miguel Antonio Aparicio v. Swan Lake, Her Engines, Boilers, Tackle, Etc., Third Party v. Panama Canal Company, Third Party

643 F.2d 1109 · Court of Appeals for the Third Circuit · Apr 27, 1981

The United States District Court for the District of the Canal Zone was *1111 established by 3 C.Z.C. § 1. … We consider that entity’s sovereign immunity to have been waived. See note 8, supra.

La v. Hayducka

122 F. App'x 557 · Court of Appeals for the Third Circuit · Dec 7, 2004

In other words, an appellate court can not decide whether defendants violated “clearly established” law when the underlying facts remain in dispute. … Township of Lower Merion, 313 F.3d 144, 147 (3d Cir. 2002) (“we may ‘review whether the set of facts identified by the district court is sufficient to establish a violation of a clearly established constitutional right,

Educational Equality League v. Honorable James H. J. Tate, Mayor of the City of Philadelphia, and the Educational Nominating Panel

472 F.2d 612 · Court of Appeals for the Third Circuit · May 7, 1973

The function of the Panel is to submit to the mayor the names of persons best qualified to serve on the Board. … The words of the amendment, it is true, are prohibitory, but they contain a necessary implication of a positive immunity, or right, most valuable to the colored race, — the right to exemption from unfriendly legislation against

Randy Ramer v. Mary Long

431 F. App'x 73 · Court of Appeals for the Third Circuit · Jun 10, 2011

To determine whether a government officer is entitled to qualified immunity, we ask (1) whether the officer violated a constitutional right, and (2) whether the right was clearly established, such that “it would [have … “Because qualified immunity is intended to protect officials absent ‘fair warning’ that their conduct violates constitutional guarantees, we examine qualified immunity from the perspective of the official at the time of

Galen Reichley v. Pennsylvania Department Of Agriculture

427 F.3d 236 · Court of Appeals for the Third Circuit · Nov 2, 2005

The court also dismissed plaintiffs' claims against Hayes, concluding that they were either barred by the Eleventh Amendment or that he enjoyed qualified immunity. 10 Thereafter, the District Court granted summary judgment … That is so clearly not the situation here that further discussion of the point is not necessary. 70 IV.

Lawrence Rothblum v. Board of Trustees of the College of Medicine & Dentistry of New Jersey Appeal of Lawrence Rothblum

474 F.2d 891 · Court of Appeals for the Third Circuit · Mar 13, 1973

qualified or more qualified applicants who are citizens of other States.” … Article IV, Section 2(1) provides: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” 2 .

Isaac Guest v. County of Allegheny

Court of Appeals for the Third Circuit · Dec 28, 2022

The Court further held that both Horton and Manuel had qualified immunity for executing the Custody Order because they violated no clearly established constitutional rights by carrying out a court order. … The actions prior to the Custody Order’s issuance were prosecutorial in nature and thus they were covered by absolute immunity.4 The District Court also correctly held that Horton and Manuel have qualified immunity

Robert Cuvo v. Pocono Mountain School District

Court of Appeals for the Third Circuit · Aug 4, 2023

The District Court granted the coaches qualified immunity from suit because the student’s asserted constitutional right to be free from state-created dangers in this context was not clearly established at the time of his … The existence of qualified immunity depends on the answers to two questions: “(1) whether the [state actor] violated a constitutional right, and (2) whether the right was clearly established, such that it would have been

O'Leary v. Social Security Board

153 F.2d 704 · Court of Appeals for the Third Circuit · Jan 29, 1946

question concerning the claimant’s employment is to be settled in accordance with what the Roman Catholic Church, itself, declares through its ecclesiastical law, through its authorized spokesmen and through the rules it establishes … The following statements, we think, clearly demonstrate the complete correctness of the Board in its decision in this case.