Case law

Brian Lyszkowski v. Diane Gibbons

686 F. App'x 87 · Court of Appeals for the Third Circuit · Apr 13, 2017

from suit, but only to a qualified, good-faith immunity.” … Thus it appears that the District Court erred by dismissing Lyszkowksi’s claims on that basis before considering whether Silvestri’s conduct met the standard for qualified immunity.

Mark 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.

Castro 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.”

Allen D. Johnson v. John Deere Company, a Division of Deere & Company, a Corporation, and Third Party v. William Ivan Johnson, Third Party

935 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 … “No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the legislative assembly; nor shall any citizen or class of citizens be granted privileges or immunities which upon

Lipscomb 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.”

United 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.

Harold Polite v. Donald Diehl and Walter Lofstrom, as Individuals and as Officers of the McKeesport Police Department. Harold Polite v. William Rendulic

507 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.

Hernandez-Cruz v. Attorney General of the United States

764 F.3d 281 · Court of Appeals for the Third Circuit · Sep 4, 2014

The BIA also affirmed the IJ’s determination that his Pennsylvania conviction for child endangerment qualified as a CIMT. … In affirming the conviction, the court explained that the defendant’s “inaction clearly endangered his children’s welfare.” Id.

John Hart v. Kathryn Gordon

Court of Appeals for the Third Circuit · Jan 6, 2026

Further, Gordon was entitled to qualified immunity on the false arrest and false imprisonment claims. … It was not clearly established that the absence of jurisdiction, un- der the circumstances presented, negates probable cause. See Lozano, 9 F.4th at 245–46.

Conover v. Montemuro

477 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.’

Hensworth Douglas v. John Ashcroft, Attorney General of the United States of America

374 F.3d 230 · Court of Appeals for the Third Circuit · Jul 8, 2004

. § 1101 (a)(43)(A), the IJ ruled that the DHS failed to establish through evidence that Douglas’ conviction under Section 130.20 was pursuant to a portion of the section that qualifies as an “aggravated felony.” … conviction that qualifies as an “aggravated felony.” 8 U.S.C. § 1229b(a).

Teen-Ed, Inc. v. Kimball International, Inc.

620 F.2d 399 · Court of Appeals for the Third Circuit · Apr 23, 1980

Lost profits were to be established by testimony to the following calculations. … The personal knowledge of appellant’s balance sheets acquired by Zeitz as Teen-Ed’s accountant was clearly sufficient under Rule 602 to qualify him as a witness eligible under Rule 701 to testify to his opinion of how lost

Santos v. United States

Court of Appeals for the Third Circuit · Mar 11, 2009

limitations provision separate from the waiver of immunity section. 28 U.S.C. §§ 2674, 2401(b). … “As the Supreme Court has instructed, it is clearly the prerogative of Congress, not the judiciary, to reform the terms and scope of waiver of sovereign immunity beyond that which Congress intended.”

United States v. Russell McLaughlin Jr., in No. 96-1982. United States of America v. Mark McLaughlin in No. 96-2000

126 F.3d 130 · Court of Appeals for the Third Circuit · Sep 11, 1997

Colletti, 984 F.2d 1339 (3d Cir.1992): [I]n order to warrant the two point enhancement for obstruction of justice, the perjury of the defendant must not only be clearly established, and supported by evidence other than the … The court’s findings were not clearly erroneous. .

Exxon Shipping Company v. Exxon Seamen's Union

993 F.2d 357 · Court of Appeals for the Third Circuit · May 19, 1993

In concluding reinstatement “would violate clearly established public policy which condemns the operation of passenger airliners by pilots who are under the influence of alcohol,” id. at 671, the court emphasized that such … threat to the asserted public policy in every job for which he was qualified.”

David Munchinski v. Gerald Solomon

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

establish a right for purposes of qualified immunity.’ ” Barna v. … Having determined that a clearly established right existed, we easily conclude that neither Solomon nor Warman is entitled to qualified immunity for their alleged knowing failure to preserve the Bowen tape or modifying

United States v. Ronald Peppers

899 F.3d 211 · Court of Appeals for the Third Circuit · Aug 13, 2018

Robinson, 404 F.3d 850, 862 (4th Cir. 2005) (“[A] district court has no discretion to impose a sentence outside of the statutory range established by Congress for the offense of conviction.” … “Given the clearly laid out alternative elements of the Pennsylvania robbery statute, it is obviously divisible and, therefore, a sentencing court can properly look to the kinds of documents listed by the Supreme Court in

Weldon v. Celotex Corporation

695 F.2d 67 · Court of Appeals for the Third Circuit · Dec 14, 1982

state law because, even if there is an otherwise actionable wrong here, it does not fall outside the coverage of the Occupational Disease Act 6 The Act was amended in 1972 so that it is no longer necessary for a claimant to establish … an "accident" in order to qualify for benefits.

Penn Terra Ltd. v. Department of Environmental Resources

733 F.2d 267 · Court of Appeals for the Third Circuit · Apr 30, 1984

The statute does clearly intend to limit State action at least to some extent. Section 362(a) provides that the automatic stay shall operate against “all entities.” … The State of Ohio contended that the obligation did not qualify as a claim or debt and therefore was not dischargeable in bankruptcy.

Singer Management Consultants, Inc. v. Milgram

650 F.3d 223 · Court of Appeals for the Third Circuit · Jun 15, 2011

Hampton, 446 U.S. 754, 758 (1980) (per curiam) (emphases added); see also id. at 757 (―[I]t seems clearly to have been the intent of Congress to permit such an interlocutory award only to a party who has established his entitlement … My “different” qualifying facts are clearly found in the record of this case. Moreover, my facts support a finding of “prevailing party.”