Case law

Steinbach v. Metzger

63 F.2d 74 · Court of Appeals for the Third Circuit · Jan 23, 1933

still others are threatened to be indicted and convicted for violating the cited act; that, being required to obtain a license to practice chiropractic when in fact such a license cannot bo obtained, their privileges and immunities … To assure its citizens skilled treatment of their ills by qualified practitioners and particularly to guard them against malpractice by ignorant and unskilled practitioners, the Commonwealth of Pennsylvania, acting within

Lambert v. Beard

633 F.3d 126 · Court of Appeals for the Third Circuit · Feb 7, 2011

of clearly established Federal law.” … No more, in our view, need be said to make clear that finding that Lambert had not met the requirements of Brady was an unreasonable application of clearly established Supreme Court precedent.

Siehl v. Grace

561 F.3d 189 · Court of Appeals for the Third Circuit · Mar 25, 2009

established federal law. … Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), which qualifies as clearly established Federal law, as determined by the Supreme Court of the United States.” Taylor v.

C.N., Individually and as Guardian Ad Litem of J.N., a Minor L.M., Individually and as Guardian Ad Litem of V.M., a Minor M.E., Individually and as Guardian Ad Litem of J.E., a Minor v. Ridgewood Board of Education Frederick J. Stokley Joyce Snider Ronald Verdicchio Robert Weakley John Mucciolo Anthony Bencivenga Sheila Brogan

430 F.3d 159 · Court of Appeals for the Third Circuit · Dec 1, 2005

Oliva, 226 F.3d 198, 201-02 (3d Cir.2000) (en banc). 53 The individual defendants, however, may be entitled to qualified immunity if "`their conduct does not violate clearly established statutory or constitutional rights … In assessing qualified immunity, a court "must first determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all, and if so, proceed to determine whether that right was clearly established

Wrench Transportation Services, Inc. v. Bradley

136 F. App'x 521 · Court of Appeals for the Third Circuit · Jun 27, 2005

Qualified immunity shields state officials performing discretionary functions from suit for damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable officer … After holding that Bradley’s alleged conduct was in violation of clearly established law, the District Court denied the motion for summary judgment based on qualified immunity.

Marcella v. Brandywine Hospital

47 F.3d 618 · Court of Appeals for the Third Circuit · Mar 13, 1995

Clearly, the Service retained some of the attributes it held earlier as an undoubted part of government. The ban against jury trials of personal injury suits is such an instance. … Because the Supreme Court of that state has ruled on the privacy issue of donors and established a conditional privilege, we will follow its lead.

Brittany Morrow v. Barry Balaski

719 F.3d 160 · Court of Appeals for the Third Circuit · Jun 5, 2013

Because the District Court dismissed the Complaint with prejudice, it was not necessary for the court to reach the issues of municipal liability and qualified immunity that the Defendants raised in their Motion to Dismiss … Because the Morrows cannot make out a claim under either the special relationship or state-created danger theories of constitutional liability, we need not address whether defendant Balaski should be afforded qualified immunity

Pearlstine, Jules and Pearlstine, Eileen, His Wife v. The United States of America and United States Postal Service

649 F.2d 194 · Court of Appeals for the Third Circuit · May 4, 1981

Because the Postal Service is an “independent establishment” of the executive branch of the United States, Postal Reorganization Act, Pub.L. … paid by the United States; and (ii) attorney fees shall not be awarded in excess of $75 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

Justin Credico v. Krenitsky

Court of Appeals for the Third Circuit · Feb 23, 2021

Qualified immunity applies unless: (1) the facts alleged by the plaintiff show the violation of a constitutional right; and (2) the law was clearly established at the time of the violation. See Pearson v. … Here, the law at issue was not clearly established at the time of Credico’s supervised release meeting.

Commissioner of Internal Revenue v. Murray Thompson, Commissioner of Internal Revenue v. Kibbey W. Couse, Murray Thompson v. Commissioner of Internal Revenue, Kibbey W. Couse v. Commissioner of Internal Revenue

222 F.2d 893 · Court of Appeals for the Third Circuit · May 27, 1955

Helvering, 1941, 312 U.S. 552, 560 , 61 S.Ct. 719 , 85 L.Ed. 1037 . 4 There appears to be no dispute now that if a value of the contracts can be determined, they qualify as depreciable assets. 5 Neither the taxpayers nor … Their testimony clearly showed the elements which went into the formation of their opinions, and adequately supports the criticism of the Tax Court.

Leilla Davis v. Elliot L. Richardson, Secretary of Health, Education and Welfare

460 F.2d 772 · Court of Appeals for the Third Circuit · May 9, 1972

It is apparent from *775 the record that she had no new evidence at this time that would have helped her to qualify as unable to work to the extent that would merit disability benefits. … Its conclusion was that under all the circumstances, claimant’s evidence was insufficient to establish disability existing before or during the period which would have entitled her to *776 benefits.

United States v. Abdul Aziz Shabazz, A/K/A Lewis Alvin Hayes, A/K/A Alvin Hayes, A/K/A Isiah Simmons Abdul Aziz Shabazz

233 F.3d 730 · Court of Appeals for the Third Circuit · Dec 4, 2000

Casarez-Bravo, 181 F.3d 1074, 1077-78 (9th Cir.1999) (allowing a court to look past the statutory definition of a crime and to examine judicially noticeable facts or documents that clearly establish the conviction to be a … Even if we were to find that mere solicitation of a juvenile does not qualify as a controlled substance offense, some of the other criminalized acts in the New Jersey statute clearly do qualify, such as the use, employment

P. Mastrippolito & Sons, Inc. v. Joseph

692 F.2d 1384 · Court of Appeals for the Third Circuit · Nov 15, 1982

Given the obscurity of the relevant facts even at this point, we cannot say that the district court’s finding, that Mas *1388 trippolito’s action was not “clearly frivolous,” was clearly erroneous. … On this record, those findings cannot be deemed clearly erroneous.

In Re Colon

941 F.2d 242 · Court of Appeals for the Third Circuit · Aug 13, 1991

It deferred resolution of other relief, ordering briefing on the question of sovereign immunity. … There the Court said: 18 We are not inclined to adopt a disposition that requires the merits or nonmerits status of each attorney's fees provision to be clearly established before the time to appeal can be clearly known.

Kenneth P. Nolan, as Administrator of the Estate of Jean Johnson v. The Boeing Company, Defendant-Third Party General Electric Company and Cfm International, Inc. v. Societe Nationale D'EtuDE Et De Construction De Moteurs D'aviation, S.A., Third-Party

919 F.2d 1058 · Court of Appeals for the Third Circuit · Dec 27, 1990

Sec. 1441 (d) and relevant provisions of the Foreign Sovereign Immunities Act of 1976 (FSIA). … Because the "entire case and all parties" would not be before it, the state court clearly is not a suitable and convenient forum.

Ralph J. Henning v. United States

446 F.2d 774 · Court of Appeals for the Third Circuit · Jul 13, 1971

The injury caused by such misreading clearly arises out of activity incident to his military service. … It also immunizes the Government for injuries arising out of activity incident to service.

Francisco Munoz v. City of Union City

481 F. App'x 754 · Court of Appeals for the Third Circuit · May 11, 2012

“The qualified immunity doctrine „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 … Martinetti is entitled to qualified immunity unless Munoz can demonstrate: (1) a violation of his constitutional rights; and (2) the right was clearly established, such that no reasonable official in Martinetti‟s position

Philadelphia Pickling Co. v. United States

202 F. 150 · Court of Appeals for the Third Circuit · Jan 31, 1913

The act has two clearly separate objects ( 220 U. S. 54 , 31 Sup. Ct. 364, 55 L. … These objects of the act are not changed or qualified by the purpose of the owner. He may, or may not, intend to sell.

Grayer v. Township of Edison

198 F. App'x 203 · Court of Appeals for the Third Circuit · Aug 1, 2006

At the summary judgment stage, appellants asserted the defense of qualified immunity, which the District Court rejected. … ,” McKee, 436 F.3d at 169, and “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,’ but we may not ‘consider whether

Raymond Sekula and L. Kathleen Sekula v. Federal Deposit Insurance Corporation Resolution Trust Corporation, Raymond F. Sekula and L. Kathleen Sekula

39 F.3d 448 · Court of Appeals for the Third Circuit · Nov 9, 1994

The first alternative would collapse into one step what is clearly meant to be a two-step process under the regulation. … Subsection (c) discusses how accounts qualify, and (d) describes how joint accounts are treated if they do not qualify.