Case law

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.

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.

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.

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.

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.

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. Berrios

676 F.3d 118 · Court of Appeals for the Third Circuit · Apr 10, 2012

By no means are we establishing a categorical rule: simply because we have found some Title III recordings to be nontestimonial does not mean that no Title III recordings can qualify as such. … qualify.

Frank E. Acierno v. Michael Mitchell, in His Official and Individual Capacity New Castle County

6 F.3d 970 · Court of Appeals for the Third Circuit · Oct 4, 1993

The court denied defendants’ motion for summary judgment on count I, but granted summary judgment on counts II and III. 7 The court also determined Mitchell was not entitled to qualified immunity under Anderson v. … Before determining whether Mitchell is entitled to qualified immunity, we must determine whether plaintiff has sufficiently alleged a constitutional violation. Siegert v.

In-Cho Chung, in No. 74-1875 v. Lawrence Park, Individually and as President of Mansfield State College, Etal., in No. 74-1876

514 F.2d 382 · Court of Appeals for the Third Circuit · Apr 11, 1975

(h) The initial burden would rest on the complainant to establish a prima facie case of arbitrariness, caprice, or discrimination. … (j) The burden of persuasion would rest on the complainant to establish his case by a preponderance of the evidence. 3 . Although Dr.

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.

Paff v. Kaltenbach

204 F.3d 425 · Court of Appeals for the Third Circuit · Feb 28, 2000

. *431 A court presented with a claim of qualified immunity must examine both the law that was clearly established at the time of the alleged violation and the facts available to the official at that time, and must then determine … If not, Kaltenbaeh is entitled to qualified immunity. As the Anderson Court noted, “qualified immunity protects ‘all but the plainly incompetent or those who knowingly violate the law.’”

United States v. Hopkins

517 F.2d 420 · Court of Appeals for the Third Circuit · May 29, 1975

was defective, and that his waiver of immunity before the grand jury was coerced. … THE IMMUNITY ISSUE 22 The district court found no merit to petitioner's claim that he was coerced into testifying before the grand jury.

Jack Laveson and Dr. Karl Silver, on Their Own Behalf and on Behalf of All Others Similarly Situated v. Trans World Airlines

471 F.2d 76 · Court of Appeals for the Third Circuit · Dec 26, 1972

injunctive relief requested in Cunará and Far East might have “hampered” exercise of the agency’s power to “decide to approve the prospective implementation of [the challenged agreements]”, 47 granting damages for actions clearly … Unlike the Federal Aviation Act, however, the Shipping Act, involved in Cunará, Far East, and Carnation, provided antitrust immunity for approved agreements, but expressly withheld immunity from agreements not yet approved

United States v. Raymond Isaac, A/K/A Rocky Raymond Isaac

134 F.3d 199 · Court of Appeals for the Third Circuit · Jan 20, 1998

The practice of defining reasonable doubt by what it is not is well established. … We have repeatedly approved the practice of counseling jurors to view the testimony of accomplices and immunized witnesses with skepticism and caution, particularly when it is uncorroborated and material to establishing the

Fernando Duk, Plaintiff-Appellant/cross-Appellee v. Mgm Grand Hotel, Inc., a Nevada Corporation, Dba Mgm Grand Hotel, Casino and Theme Park, Defendant-Third-Party-Plaintiff-Appellee/cross-Appellant v. American Medical Response Clark County Detention Center Las Vegas Metropolitan Police Department, Third-Party-Defendants/cross-Appellees

320 F.3d 1052 · Court of Appeals for the Third Circuit · Apr 17, 2003

immunity. … immunity.

United States Ex Rel. Stephen Paranich, D.C. v. Sorgnard

396 F.3d 326 · Court of Appeals for the Third Circuit · Jan 28, 2005

We agree with the District Court’s conclusion that “Irwin has established public disclosure of the alleged fraud.” Paranich, 286 F. Supp. 2d at 451. … Voluntary The last requirement for Paranich to qualify as an original of it by then. In the deposition, Haber never clearly indicated when he learned about the bulletin.

Fidelity & Casualty Co. v. Texas Eastern Transmission Corp.

15 F.3d 1249 · Court of Appeals for the Third Circuit · Jan 10, 1994

Federal subject matter jurisdiction in the AEGIS action was premised on the Foreign Sovereign Immunities Act. … Because we address whether Immunities Act jurisdiction was proper in a separate opinion, that issue will not be discussed here.

Maura Ciardiello v. Stephen Sexton

390 F. App'x 193 · Court of Appeals for the Third Circuit · Aug 13, 2010

issue of qualified immunity. … The doctrine of qualified immunity allows government officials who are performing discretionary functions to be “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Jackson v. Danberg

656 F.3d 157 · Court of Appeals for the Third Circuit · Sep 7, 2011

In Baze, the Supreme Court recognized “that subjecting individuals to a risk of future harm − not simply actually inflicting pain − can qualify as cruel and unusual punishment.” 553 U.S. at 49. … “Simply because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of ‘objectively intolerable risk of harm’ that qualifies as cruel and unusual

Bright v. Westmoreland County

380 F.3d 729 · Court of Appeals for the Third Circuit · Aug 24, 2004

(excluding Defendant Koschalk) violated any clearly established law which would require the court to find the individual Defendants qualifiedly immune. … Based upon this same analysis, the lack of any clearly established law which required the individual Moving Defendants to arrest Koschalk would require the Court to find the individuals qualifiedly immune.