Case law

Lincoln Levys, Jr. v. John Shamlin

Court of Appeals for the Third Circuit · Apr 24, 2020

immunity. 3  Qualified immunity shields government officials from liability for civil damages “insofar as their conduct does not violate clearly established statutory … a clearly established constitutional right “of which a reasonable person would have known.”

Nina Shahin v. State of Delaware

563 F. App'x 196 · Court of Appeals for the Third Circuit · Apr 11, 2014

Here, nothing in the summary judgment record shows or even suggests that Scheidecker was not qualified for the position. … Able, 870 F.2d 1158, 1163 (7th Cir. 1989) (holding that a district court’s decision on contempt petition is discretionary and not to be reversed unless it is an abuse of discretion or clearly erroneous).

PennEast Pipeline Co LLC v.

Court of Appeals for the Third Circuit · Sep 10, 2019

Those considerations are clearly in play in the eminent domain context. … If Congress had intended to delegate the federal government’s exemption from sovereign immunity, it would certainly have spoken much more clearly. Cf.

Jason Cole v. Rick Encapera

Court of Appeals for the Third Circuit · Dec 28, 2018

However, the court denied motions by Shultz and Childs based on qualified immunity. This appeal by Shultz and Childs concerns qualified immunity. … Government officials are entitled to qualified immunity for their actions if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

United States v. William Sams Appeal of Victor Carlucci

521 F.2d 421 · Court of Appeals for the Third Circuit · Aug 4, 1975

Additionally, the government alleges that there is no statutory authorization for repayment of the fine, and that in any case Carlucci has not qualified for recovery because he has not submitted a claim to the Secretary of … In three companion cases of Brady, McMann and Parker the Supreme Court established the general rule that where a conviction is based upon a plea of guilty, the conviction is subject to federal collateral attack only on limited

Equal Employment Opportunity Commission v. Allstate Insurance

778 F.3d 444 · Court of Appeals for the Third Circuit · Feb 13, 2015

In fact, the EEOC has established neither protected activity nor an adverse action. … Even had the Commission been able to establish protected activity, its argument would fail for lack of an adverse employment action.

Pfeifer v. Jones & Laughlin Steel Corp.

678 F.2d 453 · Court of Appeals for the Third Circuit · Apr 16, 1982

[has] become an established part of our economy,” that this factor must be considered in awarding damages for lost future earnings. … absolute immunity under 42 U.S.C. § 1983 ; Moragne v.

Maurice Clark, Jr. v. William Punshon

516 F. App'x 97 · Court of Appeals for the Third Circuit · Mar 19, 2013

. § 1983 against the Defendants because Attorney Punshon was not a state actor and Judge Capuzzi was entitled to absolute judicial immunity. … Here, Attorney Punshon is clearly a private party. While a private party can qualify as a state actor when “he is a willful participant in joint action with the State or its agents,” Dennis v.

1st Westco Corporation Richard J. Lee Troy Lyles Carl Haines Charles J. Fuller Stanley Yakupchina Todd Curtis Roosevelt Whitehead v. The School District of Philadelphia, Third Party Commonwealth of Pennsylvania v. Ernest D. Preate, Jr., Individually and in His Official Capacity as Attorney General of the Commonwealth of Pennsylvania Donald M. Carroll, Jr., Individually and in His Official Capacity as Secretary of Education of the Commonwealth of Pennsylvania, Third Party Ernest D. Preate, Jr., and Donald M. Carroll, Jr.

6 F.3d 108 · Court of Appeals for the Third Circuit · Oct 27, 1993

Id. at Sec. 2-202. 12 The Attorney General has the duty, upon request, to provide legal advice to the head of any Commonwealth agency, and although the Department of Education qualifies, a school district is not considered … The Attorney General is bound to issue opinions only to the heads of state agencies, and the School District does not so qualify.

United States v. Richmond

17 F.2d 28 · Court of Appeals for the Third Circuit · Jan 13, 1927

But the inconvenience might be still greater, if the opposite opinion be established. … Second, it is conceded that Richmond by residence, character, procedure, and proofs established his qualifications for citizenship.

Bernard Lambert v. Warden Greene SCI

861 F.3d 459 · Court of Appeals for the Third Circuit · Jun 28, 2017

A decision from a state court “is an unreasonable application of [the Supreme Court's] clearly established precedent if it correctly identifies the governing legal rule but applies that rule unreasonably to the facts of a … Ct 1240 (2014), but that decision post-dates the Superior Court’s decision and therefore does not qualify as clearly established Supreme Court precedent at the time of the Superior Court’s ruling.

United States v. Kenny

462 F.2d 1205 · Court of Appeals for the Third Circuit · Jun 9, 1972

The court clearly charged that each defendant had to be connected with this overall conspiracy. This case is like Blumenthal v. United States, supra, rather than like Kotteakos v. … Clearly the kickback testimony was proof of the existence of the conspiracy alleged in Count II. These were crimes of extortion or bribery under the laws of the State of New Jersey.

Carroll v. Rochford

71 F. App'x 124 · Court of Appeals for the Third Circuit · Jul 30, 2003

A two-part standard is used to determine whether public officials are entitled to qualified immunity. Saucier v. Katz, 533 U.S.194, 200-02 (2001). … Second, if the facts show that a right has indeed been violated, a court must determine, as a matter of law, whether the constitutional right was “clearly established” at the time of the official’s action.

Wheeler ex rel. Wheeler v. Towanda Area School District

950 F.2d 128 · Court of Appeals for the Third Circuit · Dec 5, 1991

First, the opinion and order establish that a given interpreter is not qualified to interpret for a particular student simply because the School District has pronounced him or her qualified. … The Secretary’s opinion clearly established that this was not the case. The School District, under the terms of the Secretary’s opinion, would have been required to replace Kane.

In Re: Mushroom

Court of Appeals for the Third Circuit · Aug 24, 2004

of post-petition transfers, a cause of action “To establish prejudice, the party raising clearly analogous to the turnover claim laches must demonstrate that the delay … D & G immunized from liability for making the Equip. Co., Inc. v. First Nat’l Bank of transfer.

Arthur J. Goldberg, Secretary of Labor, United States Department of Labor v. Harry Sorvas, Individually and Doing Business as Merit Protective Service

294 F.2d 841 · Court of Appeals for the Third Circuit · Sep 1, 1961

other financial institutions, ruled that a business enterprise generally would not qualify as such an establishment unless 75 percent of its receipts were derived from the sale of goods or services ‘to private persons to … His facts can clearly establish that more than fifty percent of the annual dollar value comes from within Pennsylvania-You don’t dispute that, do you? “Mr. Weiner: No.

Commonwealth of Kentucky for the Benefit of United Pacific Insurance Company and United Pacific Insurance Company v. Laurel County and Laurel County Fiscal Court, and Third Party Laurel County Board of Education v. United States of America, Third Party

805 F.2d 628 · Court of Appeals for the Third Circuit · Nov 14, 1986

An interpleader proceeding does not establish jurisdiction: "The United States may not be required to interplead when it has not waived its sovereign immunity." 7 C. Wright, A. Miller, & M. … Sec. 7426 as the statutory waivers of sovereign immunity allegedly applicable on these facts

Ralph B. Detz v. Greiner Industries, Inc

346 F.3d 109 · Court of Appeals for the Third Circuit · Oct 7, 2003

To establish a prima facie case under the ADEA and the PHRA, Detz asserts that, at the time of his termination, he was qualified for the position he held at Greiner and was capable of continuing to perform it. … On the other hand, in order to establish a prima facie case under the ADEA, a plaintiff must show, among other things, that he was “qualified” for the position he held prior to his termination. See Keller v.

Valhal Corp. v. Sullivan Associates, Inc., Architects, Planners, Engineers

44 F.3d 195 · Court of Appeals for the Third Circuit · Jan 3, 1995

Accordingly, the cap does not immunize Sullivan from the consequences for its own actions. … For while Behrend I involved what was clearly a limitation of liability, this case involves what is just as clearly an exculpatory clause.”

Norris v. Frame

585 F.2d 1183 · Court of Appeals for the Third Circuit · Oct 31, 1978

He was already receiving methadone as a qualifying partici *1189 pant in an approved program. … Department of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), has ended local government immunity from civil rights suits.