Case law

Garry D. Lloyd v. United States

407 F.3d 608 · Court of Appeals for the Third Circuit · May 17, 2005

Second, we must determine whether the rule announced in Booker *612 qualifies as “new.” 2 See id. … Clearly, then, both Blakely and Booker would have to be given retroactive effect in order for them to be applied to Lloyd’s case. B.

Luis Batiz v. M.D. Brown

676 F. App'x 138 · Court of Appeals for the Third Circuit · Jan 25, 2017

Whether or not this holding is correct, we readily agree with the District Court’s second holding that Challenger’s suit was barred by qualified immunity. … “[Q]ualified immunity 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 would have

Margaret D. Conneen v. Mbna America Bank, N.A

334 F.3d 318 · Court of Appeals for the Third Circuit · Jun 27, 2003

In order to establish that a plaintiff is “qualified” under the ADA, the employee must show that he/she “satisfies the requisite skill, experience, education and other job-related requirements of the employment position that … She presented sufficient evidence to establish that she was a qualified individual under the ADA despite her tardiness.

Warren C. Carter v. City of Philadelphia Willie L. Williams Orville W. Jones Linda L. Seyda

989 F.2d 117 · Court of Appeals for the Third Circuit · Mar 19, 1993

To establish a valid § 1983 civil rights claim, Carter must demonstrate .that the conduct complained of was committed by a person acting under state law and “that the conduct deprived him of rights, privileges or immunities … We found that Robb’s complaint failed to establish an entitlement to the promotion because he did not meet the threshold requirement of establishing his civil service qualifications for the position, nor did his name ever

Karnes v. Skrutski & Kowalski

Court of Appeals for the Third Circuit · Aug 3, 1995

Where the law is clearly established and proof of the elements of the plaintiff's prima facie case would defeat the immunity, no qualified immunity defense is available. … We hold the law was clearly established for purposes of qualified immunity. 2.

Ferrero U.S.A., Inc. v. Ozak Trading, Inc. Doron Gratch

952 F.2d 44 · Court of Appeals for the Third Circuit · Dec 19, 1991

In a Memorandum Opinion filed on May 29, 1991, this court affirmed the award of injunctive relief, holding that the district court's factual findings that there were differences between the TIC TACs at issue were not clearly … It is well established law in this circuit that this court does not have jurisdiction under 28 U.S.C. § 1291 over a fee award until it has been quantified. See Frangos v. Doering Equip.

Khaimraj Singh v. John Ashcroft, Attorney General of the United States of America

383 F.3d 144 · Court of Appeals for the Third Circuit · Sep 17, 2004

Ultimately, we concluded that [i]n Valansi’s case, the specific intent to defraud was not established. … Such statutes may sometimes more clearly invite further inquiry into exactly which subsection the defendant violated.

DeJesus v. United States Department of Veterans Affairs

479 F.3d 271 · Court of Appeals for the Third Circuit · Mar 14, 2007

While LZ-II is a privately run group home, its location, organization and funding make it “part of” the VA Coatesville compound, which is clearly a qualifying facility. … The MHPA grants immunity to such institutions unless the plaintiff can show willful conduct or gross negligence. 50 Pa. Cons. Stat. § 7114(a).

Menkowitz v. Pottstown Memorial Medical Center

154 F.3d 113 · Court of Appeals for the Third Circuit · Aug 24, 1998

As both the language of Title III and its legislative history clearly demonstrate, the phrase "clients or customers," which only appears in 42 U.S.C. § 12182 (b)(1)(A)(iv), is not a general circumscription of Title III and … We have held that in order to establish a violation under this section, the plaintiff must prove: 47 (1) that he is a "handicapped individual" under the Act, (2) that he is "otherwise qualified" for the position sought, (

Siehl v. Grace

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.

South Camden Citizens in Action Geneva Sanders Pauline Woods Barbara Pfeifer Julita Gilliard Oscar Lisboa Shirley Rios Phyllis Holmes Gwen Peterson Latoya Cooper Julio Lugo v. New Jersey Department of Environmental Protection Robert C. Shinn, Jr., Commissioner of the Nj Dept. Of Environmental Protection, in His Official Capacity St. Lawrence Cement Co., L.L.C., Intervenor in D.C., South Camden Citizens in Action Geneva Sanders Pauline Woods Barbara Pfeifer Julita Gilliard Oscar Lisboa Shirley Rios Phyllis Holmes Gwen Peterson Latoya Cooper Julio Lugo v. New Jersey Department of Environmental Protection Robert C. Shinn, Jr., Commissioner of the Nj Dept. Of Environmental Protection, in His Official Capacity St. Lawrence Cement Co., L.L.C., Intervenor in D.C., New Jersey Department of Environmental Protection Robert C. Shinn, Jr.

274 F.3d 771 · Court of Appeals for the Third Circuit · Dec 17, 2001

Second, the remedy is not available "where the statute did not create enforceable rights, privileges, or immunities within the meaning of S 1983." … Clearly, the majority's decision is not based on any determination of the en banc court.

Larry V. Muko, Inc. v. Southwestern Pennsylvania Building And Construction Trades Council

609 F.2d 1368 · Court of Appeals for the Third Circuit · Jul 20, 1979

II. 12 Clearly the directed verdict cannot be affirmed on the ground upon which the district court acted. … But the methods the union chose are not immune from antitrust sanctions simply because the goal is legal.

Richard Thivener v. Andrew Nero

Court of Appeals for the Third Circuit · Apr 29, 2026

Qualified immunity is accorded an officer unless he (1) “violated a federal statutory or constitutional right” and (2) “the unlawfulness of [his] conduct was ‘clearly established at the time.’” District of Columbia v. … Nor did it err in granting qualified immunity to them on his Fourth Amendment claims. Accordingly, we affirm. 16

In Re APA Transport Corp. Consolidated Litigation

541 F.3d 233 · Court of Appeals for the Third Circuit · Aug 29, 2008

. § 2101 , et seq., which requires that an employer provide 60 days’ notice before a plant shutdown unless the employer qualifies for certain exceptions. … But APA Transport does not contend that it qualifies for the “unforeseen business circumstances” exception.

Steven Roberts v. Jack Mentzer

382 F. App'x 158 · Court of Appeals for the Third Circuit · May 27, 2010

However, even if Appellants’ rights had been violated, the doctrine of qualified immunity would insulate Mentzer and Ditzler from liability. … The doctrine of qualified immunity protects government officials performing discretionary functions so long as their conduct does not violate established constitutional rights of which a reasonable person would have known

Conrad Peter, in No. 88-3797 v. Hess Oil Virgin Islands Corp., in No. 88-3798

903 F.2d 935 · Court of Appeals for the Third Circuit · Aug 17, 1990

. § 905 (a). 5 Hess contends that as Peter’s borrowing employer, it is entitled to the immunity afforded by this provision, an immunity it believes bars the tort action Peter is pursuing against it. … However, while this language clearly denies immunity to contractors except in circumstances where the contractor has been forced to fulfill its role as a back-up provider of compensation for the subcontractor’s employees,

In Re Air Crash Disaster At Mannheim Germany On 9/11/82.

769 F.2d 115 · Court of Appeals for the Third Circuit · Jul 25, 1985

established by Feres v. … Clearly, however, where recovery is sought against a military contractor, no separation of powers concern arises unless the design in question represents a judgment by the military.

Antoinette Connie Anela v. City of Wildwood Maureen McDonnell Cole v. City of Wildwood Roxann Cox Cole v. City of Wildwood Appeal of Antoinette Connie Anela, Angela Dipietro, Maureen McDonnell Lisa Tortis Cole, Gina Bucceri and Roxann Cox Cole

790 F.2d 1063 · Court of Appeals for the Third Circuit · May 22, 1986

It dismissed this claim as to the individual defendants on the ground that they enjoyed qualified immunity as officials exercising discretionary functions. 5 Thereafter, the case went to trial on two issues, the due process … City of Cincinnati, --- U.S. ---, ---, 106 S.Ct. 1292, n. 10 , 89 L.Ed.2d 452 (1986) 4 The court entered summary judgment for the city police officers on the ground of qualified immunity under Harlow v.

Jack Dalrymple Rosemary Dalrymple David A. Adams R.D. "Buddy" Adams Kenneth Bales Patricia Bales Gerald L. Baser Bettie L. Baser Larry J. Becker Robert K. Berry Susan M. Berry Mark E. Blankenship Board of Commissioners of Ottawa County, Oklahoma Charles Bowling Kathy Bowling Calvin Brady Chet Brewington and Susan Brewington, D/B/A Thunderbird Motel Edna Offutt Bryant George Campbell Carol Sue Campbell Kenneth Cass Maxine Cass Marvin Champlin Joyce Champlin Don Childers Dee Childers City of Miami, Oklahoma, a Municipal Corporation H. Dale Conard Sherry Davis Chester Desilva Debbie Desilva E.G. Ventures, Inc. Maxine Ferguson Earl B. Ferris Kenneth Ferris Diann Ferris Howard W. Hoover Stephen L. Hunter Debbie L. Hunter Smithy Jameson K.C. Jeffries Gary B. Jenkins Betty A. Jenkins Steve Kresyman, D/b/a/ Miami Car Wash Roy K. Lacen Ida M. Lacen Jeffrey Lavine Johnia Lavine Bruce Lawrence Regina Lawrence Faye Lester Vera Dowty Lowery Tim Lucas Rhonda Lucas Chris Mabury Debra Mabury Nadine MacY Justin Mahurin Becky Mahurin Louis E. Mathia, D/B/A Riverside Auto Salvage Jeffry McCool and Carolyn McCool D/B/A Vettes and Vans E.W. McRae Miami Animal Hospital, Inc. Miami Tire Service, Inc. Miami Tribe of Oklahoma Mid-America Land, Grain & Cattle Company Leo J. Mills Virginia D. Mills Jimmie Mooneyham Alan E. Newkirk Mary Niffen Tammy Niffen Robert E. Patterson David D. Payne Robert Pewitt Ann Pewitt Tim Potter, D/B/A Potter Landscaping & Nursery James Redden Cathy Redden Wayne E. Roberts Claude Rogers Joseph A. Rosin Rosin Heritage, Inc. Paula S. Rutledge Nick A. Shade Marian Shipman Gary Roy Shoultz, D/B/A Gary's Barbecue and Deli Robert L. Silversmith Ruth Silversmith Bess M. Stephens Edison B. Stepp Patricia Stevens Randy Stoner George S. Stunkard, D/B/A Blaster's Arcade Glen Summers Dean Trone Teresa Trone Bert Vanatta C.H. Vanatta Donald Vaughn Loretta J. Vaughn Emma Vaughn Everett R. Wagoner Madeleine Wagoner Joseph Walden Harold Watson Bill E. Way Shelby Way Maynard Weathers Joann Weathers Lahoma Webb Michael Webb Ruth Webb Wayne L. Webb Nancy C. Webb R. Neil Wells James L. Wetzel Harmon Wiley Anna Lee Wiley John D. Wilhoit, Jr. Rose M. Wilhoit David Wilkinson James Worley Cheryl Worley Individually and as Representatives of a Class Consisting of All Persons and Entities Located Upstream of Pensacola Dam Who Have Been Injured by Floods Caused or Increased by the Dam Since September 1992 v. Grand River Dam Authority, and Ronald Coker, in His Official Capacity as General Manager and Chief Executive Officer of the Grand River Dam Authority, Defendants-Third- Party Plaintiffs v. United States of America Ex Rel. Federal Energy Regulatory Commission, and United States Army Corps of Engineers, Third-Party

145 F.3d 1180 · Court of Appeals for the Third Circuit · May 28, 1998

The remand orders at issue clearly do not reflect the typical nonjurisdictional determination involving a discretionary remand of supplementary or pendent claims, venue, abstention, comity, or the waiver of opportunity to … from suit, absent an expressed waiver of sovereign immunity.

Rosen v. Hotel Employees Union

637 F.2d 592 · Court of Appeals for the Third Circuit · Feb 23, 1981

Under the circumstances Rosen’s detrimental reliance on Civatte’s action was clearly reasonable. 8 *598 17. … On applying the law of estoppel in the area of pension agreements the court said: The sui generis nature of the pension agreement ... should not immunize it from the equitable principles that govern similar agreements.