Case law

Briaheen Thomas v. Tice

943 F.3d 145 · Court of Appeals for the Third Circuit · Nov 12, 2019

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … As the Majority notes, qualified immunity does not shield a government official where she has “violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” Reichle v.

Madonna Sterling, of the Estate of Marcus Anthony Wayman v. Borough of Minersville F. Scott Wilinsky, Police Officer Thomas Hoban, Police Officer Joseph Wilinsky, Police Chief, Individually and as Police Officers for the Borough of Minersville Officer F. Scott Wilinsky and Officer Thomas Hoban

232 F.3d 190 · Court of Appeals for the Third Circuit · Nov 14, 2000

The court further ruled that the officers were not entitled to qualified immunity since their conduct violated Wayman's clearly established right to privacy as protected by the Constitution. 7 Officers Hoban and Wilinsky … II. 8 We have previously set forth the analytical framework for deciding qualified immunity claims. First, we must determine if the plaintiff has alleged a deprivation of a clearly established constitutional right.

Curley v. Klem

499 F.3d 199 · Court of Appeals for the Third Circuit · Aug 24, 2007

step is whether the right that was violated was clearly established, or, in other words, “whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” … The District Court clearly saw that problem in this case.

Daniel J. Leveto v. Robert A. Lapina

258 F.3d 156 · Court of Appeals for the Third Circuit · Jul 17, 2001

B. 11 The principles governing claims of qualified immunity are well-established. … See Brown, 922 F.2d at 1118-19 (recognizing that the clearly established requirement "may produce distressing results," but finding defendants entitled to qualified immunity).

Anne Powers v. John T. Lightner, D/B/A Lightner Auto Sales, Third-Party Plaintiff v. Barry Jones and Bruce White, Third-Party

820 F.2d 818 · Court of Appeals for the Third Circuit · Aug 3, 1987

I consider here only the issue of qualified immunity. I. … 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 known

Sisinia Pro v. Ronald Donatucci. Ronald Donatucci, Register of Wills

81 F.3d 1283 · Court of Appeals for the Third Circuit · Apr 26, 1996

As we summarized in In re City of Philadelphia Litig.: If the law is not established clearly when an official acts, he is entitled to qualified immunity because he ‘could not reasonably be expected to anticipate subsequent … to qualified immunity.

Darryl Leon Rouse v. William Plantier, Acting Superintendent of A.D.T.C. Sally S. Scheidemantel, Resigning Superintendent of A.D.T.C. William H. Fauver, Commissioner of N.J. Department of Corrections Governor Jim Florio, State of New Jersey Dr. Robert Cardinale, Medical Director of A.D.T.C. Dr. Narshima Reddy, Attending Physician of A.D.T.C. Ms. Elaine Martin, Chief Nurse of A.D.T.C. Captain Helmkin, Housing Mike Zell, Director of Social Services Dr. Sandoval, Attending Psychologist of A.D.T.C. Dr. Cattone, M.D., St. Francis Hospital Scott Faunce Dr. Tarlian, M.D. Dr. O'bryne, M.D. Dr. Todd, M.D., St. Francis Hospital Charles Brooks, on Behalf of a Class of Themselves and Others Similarly Situated Stephen Jankowski, on Behalf of a Class of Themselves and Others Similarly Situated Julio Baez, on Behalf of a Class of Themselves and Others Similarly Situated Robert Kammerer, on Behalf of a Class of Themselves and Others Similarly Situated v. Elaine Allen John Doe Jane Roe William Plantier Robert Cardinale Narshima Reddy Elaine Allen

182 F.3d 192 · Court of Appeals for the Third Circuit · Jun 29, 1999

Turning to defendants' qualified immunity defense, the District Court held that the right at issue was clearly established and that the defendants had failed to demonstrate the reasonableness of their actions. … immunity, it is necessary to determine whether a reasonable official in the position of that defendant would have known that his or her actions were unconstitutional in light of the clearly established law and the information

Ada Anglemeyer v. Craig Ammons

92 F.4th 184 · Court of Appeals for the Third Circuit · Feb 7, 2024

both prongs of the qualified immunity analysis. … Our sister circuits have denied qualified immunity in cases factually similar to Couden. See, e.g., Shannon v.

Stoneking v. Bradford Area School District

856 F.2d 594 · Court of Appeals for the Third Circuit · Sep 12, 1988

The basis for their claim of immunity was that Stoneking did not have a clearly established right to be free from the sexual abuse of Wright, a member of the school’s staff, that they were under no clearly established duty … Qualified Immunity The doctrine of qualified immunity entitles government officials performing discretionary functions to immunity from liability for civil damages when their conduct “does not violate clearly established

Yarris v. County of Delaware

465 F.3d 129 · Court of Appeals for the Third Circuit · Oct 2, 2006

immunity. 53 Qualified immunity shields state officials from suit when their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … If the court concludes that the defendant's conduct violated a clearly established constitutional or statutory right, it must deny the defendant the protection afforded by qualified immunity.

Carswell v. Borough of Homestead

381 F.3d 235 · Court of Appeals for the Third Circuit · Aug 20, 2004

Murphy, 274 F.3d ruling on qualified immunity. … facts material to the qualified immunity violation of excessive force.

Doe v. Groody

361 F.3d 232 · Court of Appeals for the Third Circuit · Mar 19, 2004

The four Task Force officers appeal the denial of summary judgment based on qualified immunity. II. … But the immunity is forfeited if an officer’s conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Wilson v.

Schrob v. Catterson

948 F.2d 1402 · Court of Appeals for the Third Circuit · Nov 15, 1991

any clearly established constitutional rights. … Absolute immunity defeats a suit at the outset, while an official with qualified immunity must establish that "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Hamilton v. Leavy

322 F.3d 776 · Court of Appeals for the Third Circuit · Feb 28, 2003

Turning to the second prong of the qualified immunity defense, the District Court held that "Hamilton’s right to be protected from known risks was clearly established in August 5, 1992." … As we have previously explained, however, "to defeat qualified immunity it is not sufficient that the right at issue be clearly established as a general matter.

Robert Eugene Rogers v. Officer Kevin Powell Officer Jeffrey Stine, A/K/A Stiney Officer Timothy Eiler Officer James Edwards

120 F.3d 446 · Court of Appeals for the Third Circuit · Aug 11, 1997

Qualified Immunity A. … 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 which a

Carswell v. Borough Of Homestead

381 F.3d 235 · Court of Appeals for the Third Circuit · Aug 20, 2004

constitutional sense and the ruling on qualified immunity. … Saucier emphasized that the inquiry for qualified immunity eligibility is distinct from establishment of a constitutional violation of excessive force.

Kulwicki v. Dawson

969 F.2d 1454 · Court of Appeals for the Third Circuit · Jul 2, 1992

As to the issue of media communication, however, we find that Loutzenhiser is entitled to qualified immunity because Kulwicki fails to allege a violation of clearly established federal law. … issue as to defendant’s commission of acts in violation of plaintiffs clearly established rights.

Prisco v. United States, Department of Justice

851 F.2d 93 · Court of Appeals for the Third Circuit · Jul 1, 1988

established law. … In exploring whether a right is clearly established, we must find “some but not precise correspondence” with applicable precedents. People of Three Mile Island v.

Forsyth v. Kleindienst

729 F.2d 267 · Court of Appeals for the Third Circuit · Mar 8, 1984

The district court reasoned that because Mitchell failed to establish an objective basis for believing his action to be lawful at the time he authorized the wiretaps in question, the clearly established law made his warrantless … Appealability of Summary Denial of Qualified Immunity Defendant Mitchell appeals also the district court’s summary denial of his qualified immunity claim.

Timothy Ryan v. Burlington County, New Jersey, and Burlington County, Harold Colburn, Jr., Michael J. Conda, Catherine A. Costa, Henry J. Metzger, Robert C. Shinn, Michael J. Hogan, and Burlington County Solicitor's Office, Defendants/third Party v. Maurice Scott, Third Party and John Bradman, Individually and Officially as Warden of Burlington County Jail, Defendants/third Party v. Maurice Scott, Third Party Appeal of Harold Colburn, Jr., Michael Conda, Catherine H. Costa, Henry J. Metzger and Robert C. Shinn, Jr

889 F.2d 1286 · Court of Appeals for the Third Circuit · Nov 21, 1989

If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. 24 Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 . 25 … , then those officials must be held accountable for instances where their actions violate clearly established rights.