Case law

Robert Perry Dehart v. Martin Horn, Commissioner of Corrections James S. Price, Supeintendent of Sci Greene United States of America

227 F.3d 47 · Court of Appeals for the Third Circuit · Sep 8, 2000

“Inmates clearly retain protections afforded by the First Amendment, ... including its directive that no law shall prohibit the free exercise of religion.” O’Lone v. … Coughlin, 976 F.2d 98 (2d Cir.1992) (per curiam) (clearly established for qualified immunity purposes that “prison officials must provide a prisoner a diet that is consistent with his religious scruples”). 9 .

Johnson v. Orr

780 F.2d 386 · Court of Appeals for the Third Circuit · Jan 13, 1986

We do not reach the issue of military immunity, which appellants did not brief, because it is not part of the question certified by the district court. Cf. Ungar v. … The Rowe court, however, quite clearly held that civilian supervisors could be liable under section 1983.

United States v. Dung Bui

795 F.3d 363 · Court of Appeals for the Third Circuit · Aug 4, 2015

McQuilkin, 78 F.3d 105 (3d Cir. 1996) established that § 3553(f) did not apply to convictions under 21 U.S.C. § 860. … The District Court also held that Hampden Park qualified as a school “under the broad language of § 860(a) . . . .” (J.A. 10.)

Beck v. Maximus, Inc.

457 F.3d 291 · Court of Appeals for the Third Circuit · Aug 4, 2006

The court concluded adequacy of representation was also satisfied, noting Beck “retained qualified counsel, appeared for deposition, and verified answers to interrogatories.” (App. 5a n.5.) … But a trial court must clearly articulate its reasons, in part, so we can adequately review the certification decision on appeal under Rule 23(f).

Town Court Nursing Center, Inc. v. Beal

586 F.2d 280 · Court of Appeals for the Third Circuit · Oct 13, 1978

The distinction between qualified and unqualified homes is not marked by a bright line. … Clearly, what the majority characterizes as a recipient's right to obtain medical care from a "freely selected provider" is limited to a choice among institutions which have been determined by the Secretary to be "qualified

Rainey v. Varner

603 F.3d 189 · Court of Appeals for the Third Circuit · Apr 23, 2010

For AEDPA purposes, the Strickland test qualifies as “clearly established Federal law, as determined by the Supreme Court.” Williams, 529 U.S. at 391. … Rainey was convicted of robbery, and the evidence clearly established that a death occurred during that robbery, which is sufficient to prove second degree murder under Pennsylvania law. See 18 Pa. Cons. Stat.

United States v. Neal Thomas Neamand

452 F.2d 25 · Court of Appeals for the Third Circuit · Nov 16, 1971

does not indicate the basis for its decision clearly enough to foreclose the possibility that it relied on an erroneous ground. … The effect of Jihlert is that a belated crystallization will not qualify under § 1625.2.

Woodwind Estates, Ltd. v. Gretkowski

205 F.3d 118 · Court of Appeals for the Third Circuit · Feb 28, 2000

The test for determining whether government officials are entitled to qualified immunity for their actions, as set forth in Harlow v. … The District Court did not specifically address the issue of whether the planning commissioners were entitled to qualified immunity.

Higgins v. Beyer

293 F.3d 683 · Court of Appeals for the Third Circuit · Jun 12, 2002

This partial disability qualified Higgins to receive disability benefits from the Veteran's Administration ("VA") for the remainder of his life. 4 In 1992, Higgins pled guilty to the crime of First Degree Aggravated Sexual … We are persuaded that the collection of funds from Higgins's inmate account by the ADTC employees was clearly a levy or a seizure required by New Jersey law. 46 The ADTC employees further assert that N.J.Stat.Ann. § 2C:43

20 Employee Benefits Cas. 1470, Pens. Plan Guide P 23921p John M. Hein Merlene Hein v. Federal Deposit Insurance Corporation Burton McNeil Acting as Howard Savings Bank Pension Plan Administrator and Howard Savings Bank Pension Plan Burton McNeil and the Retirement Plan of the Howard Savings Bank

88 F.3d 210 · Court of Appeals for the Third Circuit · Jun 28, 1996

Nothing in § 204(g) establishes the Plan's funding level as a test for accrual, and we will not take it into account here. … Under Unisys, Hein could not reasonably rely on such a conditional letter to establish a vested right to early retirement benefits, especially in the face of a written Plan document that clearly set out the requirements to

Melrose, Inc. v. City of Pittsburgh

613 F.3d 380 · Court of Appeals for the Third Circuit · Jul 20, 2010

However, it need not be immune from unexpected, unforeseen or unwelcome circumstances that might result in a termination. … Melrose has clearly failed to establish that it is similarly situated to those entities whose signs have been approved.

Priscilla Smith v. Township of Clinton

Court of Appeals for the Third Circuit · Nov 6, 2019

Qualified immunity applies unless: (1) the facts alleged by the plaintiff show the violation of a constitutional right; and (2) the law was clearly established at the time of the violation. See Pearson v. … Our conclusion that Officer Sangiovanni is entitled to qualified immunity does not resolve the claims against the municipal defendants, which cannot assert a qualified immunity defense to claims under § 1983.

Pioneer Aggregates, Inc. v. Pennsylvania Department of Environmental Protection

540 F. App'x 118 · Court of Appeals for the Third Circuit · Aug 30, 2013

’ complaint asserted no violation of a clearly established right (or any right). … substantive due process rights, the defendants are entitled to qualified immunity on this claim.

Associated Electric & Gas Insurance Services, Ltd. v. Texas Eastern Transmission Corp.

15 F.3d 1230 · Court of Appeals for the Third Circuit · Jan 10, 1994

The Foreign Sovereign Immunities Act, Pub.L. … No. 94-583, 90 Stat. 2892 (Oct. 21, 1976) (FSIA), establishes the jurisdiction of the federal courts in cases involving foreign sovereigns and the rights of foreign sovereigns with regard to their non-immune commercial or

Gurson Gourzong v. Attorney General United States

826 F.3d 132 · Court of Appeals for the Third Circuit · Jun 14, 2016

We agree with the BIA that, as a general matter, convictions by special courts-martial qualify as convictions for purposes of the INA. … Simply put, I do not believe that the government has established that any military judge was detailed to preside over a special court-martial that occurred more than twenty years ago.

Biegenwald v. Fauver

882 F.2d 748 · Court of Appeals for the Third Circuit · Aug 18, 1989

This is so apart from any statute of limitations problem. 36 Any state action against these defendants personally might well be met with a qualified immunity defense that could result in a determination that would not resolve … D. 60 As to Judge Seitz' second argument against abstention where he contends that Biegenwald might be met with a qualified immunity defense that would result in not resolving the critical state law issue involved here, I

Atlas Tool Co., Inc. v. Commissioner of Internal Revenue, (Tax Court Docket No. 7633-74). Atlas Tool Co., Inc., Successor to Fletcher Plastics, Inc. v. Commissioner of Internal Revenue, (Tax Court Docket No. 7634-74). Stephan Schaffan and Mildred Schaffan v. Commissioner of Internal Revenue, (Tax Court Docket No. 7635-74). Appeal of Atlas Tool Co., Inc., Atlas Tool Co., Inc., Successor to Fletcher Plastics, Inc., Stephan Schaffan and Mildred Schaffan, Atlas Tool Co., Inc. v. Commissioner of Internal Revenue, (Tax Court Docket No. 7633-74). Atlas Tool Co., Inc., Successor to Fletcher Plastics, Inc. v. Commissioner of Internal Revenue, (Tax Court Docket No. 7634-74). Stephan Schaffan and Mildred Schaffan v. Commissioner of Internal Revenue, (Tax Court Docket No. 7635-74). Appeal of Commissioner of Internal Revenue

614 F.2d 860 · Court of Appeals for the Third Circuit · Jan 31, 1980

The findings of the Tax Court, however, must be affirmed unless clearly erroneous. 21 We do not find them so. … Here, again, the Tax Court's findings of fact are not clearly erroneous. 38 III.

Thomas v. Horn

570 F.3d 105 · Court of Appeals for the Third Circuit · Jul 1, 2009

The Commonwealth relied on trial evidence already presented to establish the first two aggravating circumstances. … “The requirement that guilt of a criminal charge be established by proof beyond a reasonable doubt dates at least from our early years as a Nation.”

OFI Asset Management v. Cooper Tire & Rubber

834 F.3d 481 · Court of Appeals for the Third Circuit · Aug 22, 2016

In addition to establishing a heightened pleading standard, the PSLRA provides a so-called “safe harbor” that immunizes certain “forward-looking” statements from §10(b) liability. … Champion Enterprises Inc., 346 F.3d 660, 672 (6th Cir. 2003) (“[I]f the statement qualifies as ‘forward-looking’ and is accompanied by sufficient cautionary language, a defendant’s statement is protected regardless of the

Gillis v. Hoechst Celanese Corp.

4 F.3d 1137 · Court of Appeals for the Third Circuit · Sep 7, 1993

That benefit, and the funding required to pay the present value of the total of all such benefits, establishes the floor of permissibility for the transfer. … When § 1054(g) and § 1344 are read together, one finds that where a participant has qualified for an early retirement benefit prior to a termination or may thereafter qualify for that benefit by aging and giving additional