Case law

Rivera v. Algarin

350 F. App'x 703 · Court of Appeals for the Third Circuit · Aug 26, 2009

Although prosecutorial immunity is not unlimited in scope, it clearly applies when prosecutors are acting in the role of advocates on behalf of the state. See id.; see also Odd v. … Norrod, 106 F.3d 1289, 1295 (6th Cir.1997) ("[Fjailure to comply with established procedures does not deprive the fugitive of any protected right.").

Adam Rosen v. Superintendent Mahanoy SCI

972 F.3d 245 · Court of Appeals for the Third Circuit · Aug 26, 2020

Clearly Established Supreme Court Law on the Fifth Amendment Rosen claims that it is clearly established federal law that impeaching a defendant using evidence from the government’s mental health expert after … Therefore, we cannot conclude that it clearly established an applicable precedent.

Larsen v. Senate of The Commonwealth

Court of Appeals for the Third Circuit · Aug 14, 1998

8 A right is "clearly established" for qualified immunity purposes only if "[t]he contours of the right" are "sufficiently clear that a reasonable official would understand that what he is doing violates that right." … on qualified immunity grounds.

Alcoa, Inc. v. United States

509 F.3d 173 · Court of Appeals for the Third Circuit · Nov 28, 2007

under a claim of right, the tax imposed by chapter 1 of the Internal Revenue Code of 1954 for the taxable year shall be the tax provided in paragraph (b) of this section. 26 C.F.R. § 1.1341 — 1(a)(1) (emphasis added). 7 Clearly … Clearly, to restore something to another means to give it to the person who either once had it or should have had it all along — in this case, the person with the actual claim of right to the item of income.

Gallo v. City of Philadelphia

161 F.3d 217 · Court of Appeals for the Third Circuit · Nov 23, 1998

Under the qualified immunity doctrine, a government official will be liable only if the plaintiff can show that the official violated clearly established law of which a reasonable person should have known. See Harlow v. … Donatucci, 81 F.3d 1283, 1291-92 (3d Cir. 1996) (assuming that decisions of this court can clearly establish a right for qualified immunity purposes); Medina v.

Yurchak v. Carbon

Court of Appeals for the Third Circuit · May 7, 2007

Our review of denials of qualified immunity is plenary. Atkinson v. Taylor, 316 F.3d 257, 261 (3d Cir. 2003). … established law.

Bruesewitz v. Wyeth Inc

Court of Appeals for the Third Circuit · Mar 27, 2009

Enacted in 1986, the Vaccine Act established a national vaccine program to “achieve optimal prevention of human infectious diseases through immunization and to achieve optimal prevention against adverse reactions to vaccines … Some lots contain as many as 700,000 47 As the District Court correctly noted, the memorandum clearly states that the incident statistics, cited above, only establish “potential hot lots.

Jennings v. Joshua Independent School District

869 F.2d 870 · Court of Appeals for the Third Circuit · Apr 12, 1989

The Court announced the following test for the defense of qualified immunity for police officers in this context: "Defendants will not be immune if, on an objective basis, it is obvious that no reasonably competent officer … district court denied on January 28, 1987, stating that Stevens had no defense of absolute immunity, and subjective good faith for qualified immunity purposes is always a question of fact. 5 As we have noted earlier, subjective

In Re Montgomery Cty.

Court of Appeals for the Third Circuit · Jun 9, 2000

clearly established right which the Appellants violated and therefore denied them the protection of qualified immunity." … Holding as we do that Wright has alleged the violation of a clearly established right, we must also hold that the Appellants are not entitled to qualified immunity at this stage of the proceedings. IV.

David Stevenson v. Thomas Carroll

474 F. App'x 845 · Court of Appeals for the Third Circuit · Apr 6, 2012

We also agree with the District Court that qualified immunity shields Carroll in his individual capacity from monetary damages. … Qualified immunity shields 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

City of Philadelphia v. Lead Industries Ass'n

994 F.2d 112 · Court of Appeals for the Third Circuit · May 11, 1993

In that case, the defendant Port Authority (“PAT”) claimed that it was an agency of the Commonwealth and therefore immune from tort liability under the doctrine of sovereign immunity. … Market share liability, however, clearly represents a significant extension of Pennsylvania tort law.

Donaldson v. Mugavero

126 F. App'x 63 · Court of Appeals for the Third Circuit · Mar 11, 2005

As a parole officer, Mugavero is entitled to qualified, good-faith immunity “if it is shown that his conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have … If so, we must determine whether that right is clearly established such that “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Id. at 202.

Gardner ex rel. Gardner v. Parson

874 F.2d 131 · Court of Appeals for the Third Circuit · May 3, 1989

But the Supreme Court has never decided the issue of whether a guardian ad litem is absolutely immune, nor is there an established common- *145 law tradition of absolute immunity for court-appointed guardians. … This position clearly places him squarely within the judicial process to accomplish that goal.” Id. at 1458 . The Kurzawa court based its holding on the Supreme Court’s decision in Briscoe v. LaHue, supra.

Csx Transportation, Inc. v. The City Of Garden City

235 F.3d 1325 · Court of Appeals for the Third Circuit · Dec 29, 2000

its sovereign immunity unless it has insurance to fund any liability it might thereby incur. 6 The relevant statute provides: 23 [a] municipal corporation shall not waive its immunity by the purchase of liability insurance … reasons why its agreement to indemnify CSX was void, but lack of insurance was not one of them. 8 30 The district court's opinion, which found the lack of insurance fatal to the agreement, was the first time the issue was clearly

Victoria Geist v. Jason Ammary

617 F. App'x 182 · Court of Appeals for the Third Circuit · Jul 16, 2015

Thompson, 603 F.3d 243, 248 (3d Cir. 2010). 4  An established exception to the general rule applies for certain denials of qualified immunity. … On appeal, Ammary argues that his actions did not violate clearly established law and were objectively reasonable.

Halpin v. City of Camden

310 F. App'x 532 · Court of Appeals for the Third Circuit · Feb 11, 2009

Halpin filed an unlawful arrest complaint, and Gibson asserted a qualified immunity defense. … The District Court found that Gibson was not entitled to qualified immunity.

Schumacher v. Nix

965 F.2d 1262 · Court of Appeals for the Third Circuit · Jun 3, 1992

Therefore, although the rule “clearly discourage[d] plaintiff from traveling to South Carolina for the purpose of establishing a residence,” the court held that rational basis review applied. Id. … Piper, 470 U.S. 274, 281 , 105 S.Ct. 1272, 1276-77 , 84 L.Ed.2d 205 (1985) (suggesting that the opportunity to practice law is fundamental for purposes of a Privileges and Immunities Clause analysis).

Jill Mancini v. Northampton County

836 F.3d 308 · Court of Appeals for the Third Circuit · Sep 9, 2016

and are not a subject of these appeals. 8 any clearly established rights. … The District Court granted Brown and Scomillio qualified immunity for all claims brought against them in their individual capacities.

Fagan v. City of Vineland

22 F.3d 1283 · Court of Appeals for the Third Circuit · Apr 29, 1994

City and County of Denver, 960 F.2d 1493, 1499-500 (10th Cir.1992) (city can be liable if pursuing officers violate Constitution but escape liability because of qualified immunity); Garner v. … These appeals do not involve the doctrine of qualified immunity, which may enable an officer who has actually violated the Constitution to avoid liability. See Harlow v.

Tommy L. Hefley, Ronald G. Wood, and James A. Popplewell v. Textron, Inc. And Bell Helicopter Textron, Third-Party Defendants v. United States of America, Kansas Army National Guard and Its Adjutant General Major General Edward R. Fry, Individually, and the State of Kansas, Third Party

713 F.2d 1487 · Court of Appeals for the Third Circuit · Aug 10, 1983

Second, the United States has established generous "no fault" compensation schemes for servicemen as a substitute for tort liability. … That is, Textron claims that the third-party defendants made implied warranties that they would inspect and maintain the helicopter and insure that it was properly flown by qualified personnel.