Case law

Ruiz v. Lebanon County

325 F. App'x 92 · Court of Appeals for the Third Circuit · Mar 31, 2009

Background Three Lebanon County police officers appeal the District Court’s orders denying their motions for summary judgment on the issue of qualified immunity. … The Proceedings in the District Court The defendants filed motions for summary judgment based on a defense of qualified immunity,2 asserting that they had conducted a reasonable investigation.

De Shawn Drumgo v. William Kuschel

Court of Appeals for the Third Circuit · May 11, 2020

Qualified immunity shields 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 … 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.

Joseph Brown v. Sage

941 F.3d 655 · Court of Appeals for the Third Circuit · Oct 30, 2019

In all three cases, the federal district courts in California explicitly stated that the dismissals qualified as strikes under § 1915(g). … It is a well-established “tradition of this court” that our precedential authority “is binding on subsequent panels.” 3d Cir. I.O.P. 9.1.

Guthrie v. Lady Jane Collieries, Inc.

722 F.2d 1141 · Court of Appeals for the Third Circuit · Dec 16, 1983

In any event Bumbarger with 57% and Cole with 51.9% qualify. R.L. Guthrie’s percentage was 47.22%, Boyd R. Guthrie’s 31.65%, Kos’s 33%. … The five section foremen qualify for exemption. 556 F.Supp. at 166-67 .

Kathleen Fowler v. AT&T Inc

19 F.4th 292 · Court of Appeals for the Third Circuit · Nov 26, 2021

C & C Cola, a Div. of ITT-Cont’l Baking Co., 868 F.2d 59, 64–65 (3d Cir. 1989) (choosing to consider only objective qualifications at the prima facie stage, while declining to establish any “blanket rule” about when more … render her otherwise qualified exists.”

Davis Enterprises v. United States Environmental Protection Agency

877 F.2d 1181 · Court of Appeals for the Third Circuit · Jun 27, 1989

It is curious indeed that the EPA’s concern about establishing a troublesome precedent ignores, as it does, a valued legal principle of several centuries standing. … The Court in Boron Oil referred to the doctrine of sovereign immunity in reaching its decision, but that issue is not before us here.

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

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

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.

United States v. Darron Henderson

80 F.4th 207 · Court of Appeals for the Third Circuit · Aug 15, 2023

These various felony levels carry different penalties.3 The subsections of § 3701(a)(1) are not separate means of satisfying a specific element, but rather “clearly la[y] out alternative elements” for separate robbery … Bd. of Rev., 114 A.3d 385, 394 (Pa. 2015) (“It is well-established that the common and approved meaning of a word may be ascertained from an examination of its dictionary definition.”).

Mims v. Shapp

744 F.2d 946 · Court of Appeals for the Third Circuit · Sep 17, 1984

executive immunity; and (3) if they are not so protected, then the damage award is error because the district court failed to find that plaintiff’s confinement was unjustified and it wrongly assessed liability from January … As the Hewitt Court stated, the Pennsylvania regulations which establish administrative segregation also establish “a protected liberty interest [in the inmates] in remaining in the general prison population.” Id.

Anton E. SPERLING, Appellant, v. UNITED STATES of America Et Al., Appellees

515 F.2d 465 · Court of Appeals for the Third Circuit · May 2, 1975

persuasive in light of the longstanding waiver of immunity in the federal employment context. … the margin to indicate these alterations, placing in brackets, and italicizing that wording in the Williams analysis which differs from the Committee’s version. 71 It would appear that the subtle change in nuance, quite clearly

Thorstenn v. Barnard

842 F.2d 1393 · Court of Appeals for the Third Circuit · Mar 31, 1988

Heebe here, we believe that in the exercise of our clearly established supervisory power over the District Court of the Virgin Islands, Government of the Virgin Islands v. … [nonresidents] otherwise qualified to join the bar." Id. at 2611-12.

Okeke v. Atty Gen USA

Court of Appeals for the Third Circuit · May 18, 2005

Second, Okeke challenged the IJ’s decision that he failed to establish the requisite ten years continuous physical presence to qualify for cancellation of removal. … I believe that Okeke has failed to establish that he qualifies for cancellation of removal because his period of continuous physical presence ended when he was convicted of a controlled substance violation.

Hess v. Chronister

247 F. App'x 377 · Court of Appeals for the Third Circuit · Aug 27, 2007

established right of Appellant to notice or a hearing, and accordingly, all were entitled to qualified or quasi-judicial immunity. … Appellant maintains that the District Court erred in concluding that all of the Appellees were entitled to either qualified or quasi-judicial immunity in both their individual and their official capacities.

Gomez-Zuluaga v. Attorney General of the United States

527 F.3d 330 · Court of Appeals for the Third Circuit · May 30, 2008

If Petitioner fails to establish past persecution on account of a protected ground, we will then consider the separate question of whether Petitioner has established a well-founded fear of future persecution on account of … During the first two incidents, the FARC clearly expressed to the women that it was rounding them up to warn them not to date government officers.

United States v. Dung Bui

769 F.3d 831 · Court of Appeals for the Third Circuit · Oct 20, 2014

The District Court also held that Hampden Park qualified as a school “under the broad language of § 860(a) . . . .” (J.A. 10.) … Washington, 466 U.S. 668 (1984), the Supreme Court established a two-part test to evaluate ineffective assistance of counsel claims.

Pennsylvania Medical Society v. Snider

29 F.3d 886 · Court of Appeals for the Third Circuit · Jul 20, 1994

Sec. 1396 et seq., established the Medicaid program which is separate from the Medicare program. … Whatever method the State selects must apply to all qualified Medicare beneficiaries.

United States v. Milan Yurasovich

580 F.2d 1212 · Court of Appeals for the Third Circuit · Jul 26, 1978

The United States Attorney stated that in examining Yurasovich he would attempt to “develop . . facts which go to an integral criminal scheme” to steal mail. 1 Apparently the goal of the United States Attorney was to establish … United States, 394 U.S. 459, 466 , 89 S.Ct. 1166 , 22 L.Ed.2d 418 (1969), made in connection with Rule 11, that a guilty plea waives Fifth Amendment rights refer clearly to the right against self-incrimination with respect

William Curtis v. John Wetzel

Court of Appeals for the Third Circuit · Feb 13, 2019

Curtis to participate in the sex offender program or return to the restricted housing unit without violating clearly established law.” Id. … To overcome that immunity, the facts must show (1) the violation of a constitutional right and (2) that the right was clearly established at the time of the alleged misconduct. Saucier v.

N.J. Transit Policemen's Benevolent Association Local 304 v. New Jersey Transit Corporation

806 F.2d 451 · Court of Appeals for the Third Circuit · Jan 27, 1987

This immunity from ICA fare regulation, and therefore ICA jurisdiction, represents a benefit or privilege granted by Congress to NJT. … Transit continues to qualify for the overtime exemption.

Linda Migliori v. Lehigh County Board of Elections

36 F.4th 153 · Court of Appeals for the Third Circuit · May 27, 2022

Regardless, we find this argument unpersuasive as Voters clearly pled that they were asserting their claims through § 1983 throughout their complaint. 26 536 U.S. 273, 284 (2002). 27 Id. at 283 (emphasis omitted). … It does not establish a cause of action for private individuals.