Case law

Barry Brown Jolie Stahl, as They Are Trustees of the Long Bay Trust v. Leo Francis, as He is the Commissioner of the Department of Public Works Delma G. Hodge, as She is the Commissioner of the Department of Property and Procurement of the Government of the Virgin Islands Government of the Virgin Islands of the United States of America (d.c. No. 92-Cv-00081). Government of the Virgin Islands v. 0.459 Acres of Land Consisting of Following: Parcel No. 6a Estate Thomas Kings Quarter and Parcel No. 9a Estate Thomas, Virgin Islands Long Bay Trust (d.c. No. 93-Cv-00059), Leo Francis, as He is the Commissioner of the Department of Public Works Delma G. Hodge, as She is the Commissioner of the Government of the Virgin Islands Government of the Virgin Islands of the United States of America

75 F.3d 860 · Court of Appeals for the Third Circuit · Feb 7, 1996

being considered a "state" for purposes of establishing diversity jurisdiction. … of establishing diversity of citizenship jurisdiction subject matter jurisdiction in federal court.

Stehney v. Perry

101 F.3d 925 · Court of Appeals for the Third Circuit · Dec 3, 1996

bringing suit by the doctrine of sovereign immunity. … For these reasons, count 1 is not barred by sovereign immunity. IV.

Jay C. Smith v. John J. Holtz, Bureau of Technical Services, Pennsylvania State Police Ronald F. Coyler, Bureau of Technical Services, Pennsylvania State Police Victor Dove John J. Purcell, Special Agent in Charge, Central Regional Office, Bureau of Criminal Investigations, Office of the Attorney General William J. Lander, Bureau of Criminal Investigations, Office of the Attorney General Paul Yatron

210 F.3d 186 · Court of Appeals for the Third Circuit · Apr 13, 2000

far that he will attempt to establish that Mrs. … Therefore the District Court clearly stated that it would have decided that the lifters were immaterial as a matter of law.

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.

Barry J. Quinones v. United States of America, and United States Bureau of Narcotics and Dangerous Drugs and Its Agents and Employees

492 F.2d 1269 · Court of Appeals for the Third Circuit · Mar 6, 1974

At the same time, Congress qualified this broad waiver of immunity in 28 U.S.C. § 2680 , “for certain specified torts of federal employees.” Dalehite v. … Pados, 444 Pa. 372 , 282 A.2d 351 (1971) (doctrine of parental immunity abolished); Hoffman v.

Shelly Gross v. Peter Cairo

Court of Appeals for the Third Circuit · Dec 14, 2023

The doctrine of qualified immunity insulates government officials who are “performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory … If the right at issue was clearly established in January 2020, when Cairo allegedly punched Gross, Cairo is not entitled to qualified immunity.

United States v. Fahim Sabir, A/K/A Salah Rasool Fahim Sabir

117 F.3d 750 · Court of Appeals for the Third Circuit · Jun 30, 1997

The government does not claim that Sabir’s offense could not qualify for disposition under the safety value provisions if the five statutory conditions are satisfied. … Thus, the fact that the defendant qualified for a two-level acceptance of responsibility reduction under § 3E1.1 does not establish eligibility for a safety valve reduction under § 5C1.2. United States v.

Crystal Weimer v. County of Fayette

Court of Appeals for the Third Circuit · Nov 2, 2023

“Qualified immunity protects government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … We agree because any right that Cesario’s action (or inaction) may have violated was not clearly established in 2002.

Jones v. City of Jersey City

45 F. App'x 196 · Court of Appeals for the Third Circuit · Aug 15, 2002

Under the doctrine of qualified immunity, an officer is only subject to suit if his or her conduct amounts to a constitutional violation on the facts alleged, and if the right claimed to have been violated is "clearly established … Her argument ignores the possibility of qualified immunity.

Robbie Pollock v. City of Philadelphia

403 F. App'x 664 · Court of Appeals for the Third Circuit · Dec 14, 2010

Qualified Immunity on Fourth Amendment Claim Against Clark To establish a Fourth Amendment claim for false arrest, Pollock must show that Clark lacked probable cause to arrest him. Dowling v. … “Qualified immunity is applicable unless the official‟s conduct violated a clearly established constitutional right.” Id. (citing Anderson v.

United States v. Robert S. Bacheler and Rocco Cipparone

611 F.2d 443 · Court of Appeals for the Third Circuit · Nov 26, 1979

Nor have the defendants established that this was a case in which it would be appropriate to consider the application of a judicially fashioned immunity within the parameters advanced by this court in United States v. … intention of distorting the judicial fact finding process” or when “clearly exculpatory testimony” will be excluded because of a witness’s assertion of the fifth amendment privilege.

Bittner v. Snyder County

345 F. App'x 790 · Court of Appeals for the Third Circuit · Sep 23, 2009

The claims arising from Bittner’s arrest were dismissed because of District Attorney Sholley’s absolute prose-cutorial immunity. … The District Court dismissed Bittner’s claims based on the post-arrest conduct on the ground that District Attorney Sholley had qualified immunity.

Grammer v. John J. Kane Regional Centers-Glen Hazel

570 F.3d 520 · Court of Appeals for the Third Circuit · Jun 30, 2009

A. 42 U.S.C. § 1983 is a vehicle for imposing liability against anyone who, under color of state law, deprives a person of “rights, privileges, or immunities secured by the Constitution and laws.” Maine v. … The various rights are clearly-delineated by the provisions at issue.

Kleinknecht v. Gettysburg College

989 F.2d 1360 · Court of Appeals for the Third Circuit · Apr 27, 1993

The court held, however, that student volunteer trainer Traci Moore would be shielded from liability, and that the College would also be immune because "the statutory context does not 'clearly indicate[ ]' ... that the word … Her actions or omissions are pertinent to this case only insofar as they could establish or refute the College's vicarious liability, which is not dependent on her immunity status under the statute

New Directions Treatment Services v. City Of Reading

490 F.3d 293 · Court of Appeals for the Third Circuit · Jun 15, 2007

Individual plaintiff methadone users also sought damages. 9 The City moved on September 3, 2004 to dismiss individual City officials on the grounds of common law quasi-judicial immunity and qualified immunity. See FED. … We squarely held in Newman that this language in the ADA clearly establishes that the "sole reason" standard adopted by the District Court is inapplicable to the ADA, which requires only but for causation.

Keith Sanders v. American-Amicable Li

Court of Appeals for the Third Circuit · Oct 29, 2008

For support, Sanders notes that sovereign immunity bars creditors from attaching or garnishing funds in the Treasury. See Buchanan v. … In sum, the District Court appropriately dismissed Sanders’ claim because he alleged no “claim” against the 5 FCA liability under § 3729(a) clearly extends to parties that cause some third person to submit

Mazur v. Merck & Co.

964 F.2d 1348 · Court of Appeals for the Third Circuit · Jun 18, 1992

immunizing agents ... have been established by a committee representing the nurses, the physicians and the administration of the agency or institution." … We disagree. 57 Although Nurse Frederick is unquestionably qualified as a registered nurse, we cannot agree that she possesses the minimum qualifications and experience required of the learned intermediary.

Rosann C. Scheetz Kenneth L. Scheetz, Jr. v. The Morning Call, Inc. Terry L. Mutchler John Doe And/or Jane Doe

946 F.2d 202 · Court of Appeals for the Third Circuit · Oct 31, 1991

Ryan, 827 F.2d 836 (1st Cir.1987) (allowing § 1983 action based on disclosure of psychological records, but concluding that qualified immunity shields officers because right was not clearly established at time of violation … Defendants also invite this court to affirm on the alternative ground that plaintiffs failed to establish a conspiracy between The Call, Mutch-ler, and a state actor.

Muth v. Central Bucks School District

839 F.2d 113 · Court of Appeals for the Third Circuit · Jan 29, 1988

The EHA allows states to choose to establish either a one-tier or two-tier due process hearing system for review of the appropriateness of a challenged IEP. … (b) A person who otherwise qualifies to conduct a hearing under paragraph (a) of this section is not an employee of the agency solely because he or she is paid by the agency to serve as a hearing officer.

Harris v. Municipality of St. Thomas & St. John

212 F.2d 323 · Court of Appeals for the Third Circuit · Apr 26, 1954

Following the pattern of the colonial councils established by the Danes, it was provided that each municipality should have its own “municipal council” in which local legislative powers were vested. … Ed. 507 , it was held that the effect of the Organic Act was to endow this body politic with a qualified sovereignty, having the sovereign characteristic of immunity from suit without its consent; that the provision of §