Case law
Opinions from 1658 to today.
9,730 results
1.82s
Court of Appeals for the Third Circuit · Feb 11, 2021
Qualified immunity shields government officials from liability for civil damages so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … constitutional right is clearly established.
Cited 0 timesUnpublished788 F.2d 100 · Court of Appeals for the Third Circuit · Apr 30, 1986
Freedom from constraint is clearly an element of that substantive liberty interest. … The Bail Reform Act makes no provision for the granting by the Justice Department of statutory use-fruits immunity.
Cited 103 timesPublishedPalmer K. Schreiber v. Christopher G. Kellogg
50 F.3d 264 · Court of Appeals for the Third Circuit · Mar 17, 1995
As one treatise explained: [T]he trend of the last twenty-five years has been to limit and qualify spendthrift trusts, either by statute or by judicial decisions which create exceptions of the types described at a later point … Internal Revenue Serv., 622 F.2d 387 , 390 (8th Cir.1980) (noting the “well established legal principle that the income from a spendthrift trust is not immune from federal tax liens, notwithstanding any state laws or recognized
Cited 12 timesPublished907 F.2d 1408 · Court of Appeals for the Third Circuit · Jul 13, 1990
Sec. 2000e-2 (1982) ("the Act"), because it establishes a residency requirement for municipal jobs which has a disparate impact on blacks. 1 The ordinance establishes, inter alia, that applications for municipal jobs will … Members of plaintiffs are interested in and qualified for employment with Harrison, but are not residents of Harrison.
Cited 15 timesPublished477 F.2d 785 · Court of Appeals for the Third Circuit · Apr 30, 1973
And, the Court continued, “[t]he practice of law is not a matter of grace, but of right for one who is qualified by his learning and his moral character.” 401 U.S. at 8 , 91 S.Ct. at 707. 9 Thus, clearly the necessary predicate … Clearly this is not a distinction without a difference. For example, in McGowan v.
Cited 100 timesPublishedNational Labor Relations Board v. New Vista Nursing & Rehabilitation
870 F.3d 113 · Court of Appeals for the Third Circuit · Aug 29, 2017
Following the steps established by the Supreme Court in Chevron , we must first ask, has Congress “directly and clearly spoken to the precise question at issue[?]” Helen Mining Co., 859 F.3d at 234 . … of discretion qualifies.”
Cited 8 timesPublished576 F. App'x 97 · Court of Appeals for the Third Circuit · Aug 4, 2014
immunity because their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known; and (3) the Court lacked personal jurisdiction because Valdez had failed … With respect to qualified immunity, however, we note that the right of a state prisoner to receive reasonable accommodations under the ADA has been clearly established since the Supreme Court’s decision in Pennsylvania Dep
Cited 4 timesUnpublishedCourt of Appeals for the Third Circuit · Feb 3, 2020
Instead, he suggests that “qualified immunity,” as he terms it, does not apply at the motion-to- dismiss stage. … The bulk of Cresci’s argument, however, is that Gyss violated clearly established rights and would have known that her conduct is wrongful.
Cited 0 timesUnpublishedMark Balsam v. Secretary of the State of NJ
607 F. App'x 177 · Court of Appeals for the Third Circuit · Apr 8, 2015
Fairly read, Classic speaks to the constitutional protections that inure to qualified primary voters, but it is completely silent as to who is qualified. … under state law, unless the state waives sovereign immunity.
Cited 15 timesUnpublishedAlphonse Napolitano v. Eastern Motor Express, Inc
246 F.2d 249 · Court of Appeals for the Third Circuit · Jul 3, 1957
Nor can we agree with the trial judge that it would have been difficult or confusing to establish the custom or the similarity of circumstances. … We express no opinion on whether the safe method of moving these cases would have been a proper subject for expert testimony, or whether the witnesses would have qualified as experts. 4 . Schillie v. Atchison, T. & S.
Cited 4 timesPublished325 F.3d 432 · Court of Appeals for the Third Circuit · Apr 16, 2003
As other courts have noted, the use of the qualifier “such as” indicates that tangible employment actions are not limited to those that follow the qualifier. See Jin v. Metropolitan Life Ins. … Her supervisory authority over Suders was not clearly established in the record below.
Vacated on other grounds by Pennsylvania State Police v. Suders, 542 U.S. 129 (2004)Cited 52 timesPublishedCastro v. United States Department of Homeland Security
835 F.3d 422 · Court of Appeals for the Third Circuit · Aug 29, 2016
Cyr was a lawful permanent resident alien who, in early 1996, pleaded guilty to a crime that qualified him for deportation. St. Cyr, 533 U.S. at 293 , 121 S.Ct. 2271 . … Our cases have long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control.”
Cited 106 timesPublishedUnited States v. Jerome Wilson
880 F.3d 80 · Court of Appeals for the Third Circuit · Jan 17, 2018
Unarmed bank robbery by intimidation clearly does involve the “threatened use of physical force against the person of another[.]” U.S.S.G. § 4B1.2(a)(1). … Here, Wilson cannot establish that the District Court committed plain error by applying the threat-of-death enhancement because that enhancement did not affect his sentence.
Cited 67 timesPublishedLipscomb v. Pennsylvania Board of Probation & Parole
553 F. App'x 240 · Court of Appeals for the Third Circuit · Jan 30, 2014
Qualified Immunity Defendants argue that we can affirm the District Court’s ruling on qualified immunity grounds, (see, e.g., Appellee Hernandez Br. 13-15), because “government officials performing discretionary … functions generally are shielded 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.”
Cited 1 timesUnpublishedUnited States v. Paul Shenandoah
595 F.3d 151 · Court of Appeals for the Third Circuit · Feb 9, 2010
Guest, 383 U.S. 745 (1966); the Privileges and Immunities Clause of Article IV, § 2 of the Constitution; Hess v. Pawloski, 274 U.S. 352 (1927); the Privileges or Immunities Clause of the Fourteenth Amendment, Twining v. … The allegations in this case clearly pertain to Shenandoah’s failure to keep his registration current and, as such, are covered by 42 U.S.C. § 16913(a) & (c). See May, 535 F.3d at 918-19.
Abrogated on other grounds by Reynolds v. United States, 132 S. Ct. 975 (2012)Cited 82 timesPublished585 F.2d 1183 · Court of Appeals for the Third Circuit · Oct 31, 1978
He was already receiving methadone as a qualifying participant 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.
Cited 23 timesPublished507 F.2d 119 · Court of Appeals for the Third Circuit · Dec 31, 1974
established. . . . … Cataldi, 464 F.2d 272, 278 (3d Cir. 1972) 17 In so doing the Court said: 'The distinction between citizenship of the United States and citizenship of a State is clearly recognized and established.
Cited 0 timesPublishedUnited States v. Bruce Watson AKA George Flamer, Bruce Watson
260 F.3d 301 · Court of Appeals for the Third Circuit · Aug 9, 2001
Agents Schwartz, Mincer, and Paret were well-qualified to testify concerning drug activity and the Government presented sufficient evidence to establish the reliability of their purported fields of expertise. … Not only did Paret’s opinion violate Rule 704(b), but it clearly went beyond Paret’s competence, as counsel noted in his objection.
Cited 74 timesPublished935 F.2d 151 · Court of Appeals for the Third Circuit · Jun 5, 1991
Of the six specific components of Deere’s alleged breach, recovery for three of them is clearly barred by the statute. … “No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the legislative assembly; nor shall any citizen or class of citizens be granted privileges or immunities which upon
Cited 31 timesPublished477 F.2d 1073 · Court of Appeals for the Third Circuit · Dec 20, 1972
Brigham, supra, establish that *1098 neither federal nor state judges may be held liable in damages for acts in the performance of their judicial duties. … ‘It ought to be used, where the law has established no specific remedy, and where in justice and good government there ought to be one.’
Cited 46 timesPublished
Ask Donna