Case law

Delaware County v. Federal Housing Finance Agency

747 F.3d 215 · Court of Appeals for the Third Circuit · Mar 18, 2014

The Enterprises‟ exemption from taxation is thus clearly expansive. … However, because we find that Congress acted constitutionally in extending statutory tax immunity to the Enterprises, we need not reach the question of whether they are also entitled to constitutional immunity as instrumentalities

Martin v. Keitel

205 F. App'x 925 · Court of Appeals for the Third Circuit · Oct 23, 2006

The act of preparing an indictment – even of wrongfully doing so, as Martin alleges the prosecutor did here – clearly qualifies. See, e.g., Schrob v. … denial of request for preliminary injunction based on alleged retaliatory conduct unrelated to basis for prisoner’s Section 1983 claim and explaining that “a party moving for a preliminary injunction must necessarily establish

Shelley v. Wilson

339 F. App'x 136 · Court of Appeals for the Third Circuit · Aug 3, 2009

immunity from suit. … U.S., 742 F.2d 1498 (D.C.Cir.1984) (stating that as to common law and constitutional law false arrest claims, “subsequent conviction establishes as a matter of law that the arrest was justified.”).

International Security LLC v. Dana Berry

Court of Appeals for the Third Circuit · Apr 27, 2023

We turn next to Berry and Parson’s claim for qualified immunity. … Town of Elsmere,30 clearly establishes this right.

Assaf v. Fields

Court of Appeals for the Third Circuit · May 19, 1999

Nonetheless, it held that the defendants were entitled to qualified immunity because it was not clearly established that Assaf could not be fired for political reasons. See id. at 633. III. … to qualified immunity.

State of New Jersey v. Department of Health and Human Services

670 F.2d 1284 · Court of Appeals for the Third Circuit · Feb 5, 1982

New Jersey concludes from this evidence that the record “clearly establishes” that “responsible federal regulators,” demonstrably unable to decipher “obscure and unfathomable” statutes and regulations, “unwitting[ly]” misinformed … While HHS in past instances contended that § 1316 (d) orders should be immune from judicial scrutiny, see County of Alameda v.

Rosetti v. Shalala

12 F.3d 1216 · Court of Appeals for the Third Circuit · Dec 15, 1993

If the claimant cannot qualify under the listings, the analysis proceeds to the fourth and fifth steps. … Davis clearly and repeatedly states our conclusion that the plaintiff there lacked standing to bring her suit and that consequently, we had no need to reach the question of mootness.

Vincent Vince v. Matthew Godlewski

Court of Appeals for the Third Circuit · Jun 3, 2026

On March 21, 2025, the District Court granted the appellees’ motion as to the Sec- tion 1983 claims and determined that the officers were protected by qualified immunity because they had “reasonably mistaken probable cause … An officer sued under Section 1983 is entitled to qualified im- munity unless he (1) violated a constitutional right that (2) was clearly established when he acted. George v.

Lester v. Gilhool

916 F.2d 865 · Court of Appeals for the Third Circuit · Oct 24, 1990

Because everyone already agreed on that point, that clearly was not what Lester needed. What he needed was substantive relief because the school district failed to find an appropriate IEP. … Healthy, we conclude that a "significant amount of" state funding does not outweigh the established independent nature of a Pennsylvania school district. 429 U.S. at 280 , 97 S.Ct. at 573.

Roderick Johnson v. Pennsylvania Department of Cor

Court of Appeals for the Third Circuit · Feb 16, 2021

Defendants attempt to assert the defense of qualified immunity, but we also rejected that argument in Porter, holding that the prisoner’s procedural due process rights had been clearly established since 2017 when we decided … a qualified immunity defense.

United States v. Malik Nasir

17 F.4th 459 · Court of Appeals for the Third Circuit · Nov 8, 2021

He argues that he should not have received the enhancement because one of his two prior qualifying convictions was an inchoate drug offense, which does not qualify as a predicate offense under the plain language of the guidelines … Cir. 2018) (“Section 4B1.2(b) presents a very detailed ‘definition’ of controlled substance offense that clearly excludes inchoate offenses.”).

Rogers v. Powell

Court of Appeals for the Third Circuit · Aug 11, 1997

Qualified Immunity A. … 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. Harlow, 457 U.S. at 818-19.

Albert Cassens and Doris Cassens v. St. Louis River Cruise Lines, Incorporated, Defendants-Third/party v. United States of America, Third/party

44 F.3d 508 · Court of Appeals for the Third Circuit · Jan 4, 1995

SLRCLI’s claim is clearly of the third variety — that the Coast Guard made an erroneous determination of compliance. Berko-vitz, therefore, does not hold the discretionary function exception inapplicable. … There would appear to be a threshold question whether this suit falls within the SAA’s waiver of sovereign immunity.

Richard Wren v. County of Luzerne

548 F. App'x 826 · Court of Appeals for the Third Circuit · Dec 13, 2013

immunity. … This determination is fact- specific, dependent on whether the right at issue was clearly established. See Assaf, 178 F.3d at 177.

Richard J. Griffin and Mary Jane Griffin, His Wife v. United States

500 F.2d 1059 · Court of Appeals for the Third Circuit · Jun 25, 1974

Plaintiffs do not challenge the Surgeon General's determination to approve a live-virus immunization program. 9 Neither do plaintiffs challenge the regulation which established the standard against which all manufactured … (See D-98) Qualitatively, the severity of the lesions demonstrated in Lot 56 are clearly in excess of anything ever encountered in NA-2.

Council of Alternative Political Parties v. Hooks

121 F.3d 876 · Court of Appeals for the Third Circuit · Aug 4, 1997

We agree with the district court that the plaintiffs established a likelihood of success on the merits. In Anderson v. … See App. 88a (showing that no group other than Democrats and Republicans has qualified as “party” in New Jersey since at least 1913).

Nicini v. Morra

212 F.3d 798 · Court of Appeals for the Third Circuit · May 19, 2000

The court held that Cyrus was not entitled to Eleventh Amendment immunity and denied his requests for absolute and qualified immunity on the section 1983 claim. … In an order dated October 29, 1997, the District Court granted summary judgment for Cyrus, holding that Nicini had failed to establish a constitutional violation and that his state law claims were barred by qualified immunity

Shannon MacDonald v. President NJ State Board of Medical Examiners

Court of Appeals for the Third Circuit · Aug 31, 2026

Ross, 598 U.S. 356, 369 (2023), nor imposes burdens on interstate commerce that are “clearly excessive in relation to the putative local benefits.” Pike v. … B Nor does New Jersey’s telemedicine law violate the Privileges and Immunities Clause of Article IV.

Ashley Adams v. Eric Selhorst, Et Ql

449 F. App'x 198 · Court of Appeals for the Third Circuit · Oct 26, 2011

immunity. … To determine whether a government officer is entitled to qualified immunity, we ask (1) whether the officer violated a constitutional right, and (2) whether the right was clearly established, such that “it would [have

CHERUKU v. Attorney General of US

662 F.3d 198 · Court of Appeals for the Third Circuit · Sep 22, 2011

On its face, § 1255(i)(2)(A) of the LIFE Act requires an alien to be “admissible” to the United States in order to qualify for adjustment. … The adjustment provisions of § 1255© are clearly in tension with the bars to admissibility set forth in § 1182(a)(6)(A)©.