Case law

Bines v. Kulaylat

215 F.3d 381 · Court of Appeals for the Third Circuit · Jun 12, 2000

He also asks us to determine in the first instance whether he is entitled to qualified immunity. II. Discussion A. … The Qualified-Immunity Claim In addition to seeking interlocutory review of his good-faith defense, Ku-laylat also invites us to consider his claim to qualified immunity.

Abdul-Akbar v. Watson

4 F.3d 195 · Court of Appeals for the Third Circuit · Aug 11, 1993

The qualified immunity doctrine provides that government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … ” that was clearly established during Abdul-Akbar’s incarceration at MSU.

Bowers v. National Collegiate Athletic Association

475 F.3d 524 · Court of Appeals for the Third Circuit · Feb 1, 2007

This is therefore the relevant time frame for purposes of establishing liability. 47 The District Court's failure to focus on this period led to a clearly erroneous assessment of the relevance of Bowers' post-1995-96 drug … Febres, 445 F.3d at 230. 73 This second factor clearly weighs in favor of immunity.

Corey Kendig v. Nicholas Stolar

Court of Appeals for the Third Circuit · Apr 28, 2026

But we must not conflate our recognition of a protected right with a conclusion that the right is “clearly established” for qualified immunity purposes. Nor could we in this case. … The qualified immunity inquiry limits us to an assessment of Stolar’s conduct and whether a clearly established law placed him on notice that his actions violated Kendig’s Fourth Amendment right.

Samira Randolph-Ali v. Anthony Minium

Court of Appeals for the Third Circuit · Dec 4, 2019

Howards, 566 U.S. 658, 664 (2012) (stating that “courts may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law, without resolving the often more difficult question … We conclude that Detective Minium is entitled to qualified immunity.

Bass v. Attardi

868 F.2d 45 · Court of Appeals for the Third Circuit · Feb 14, 1989

legal rules that were ‘clearly established’ at the time it was taken.” … We have held that for a right to be “clearly established," there must be “some, but not precise, factual correspondence” between the case at hand and prior decisions. See People of Three Mile Island v.

Kopec v. Tate

Court of Appeals for the Third Circuit · Mar 17, 2004

Whether a qualified immunity is legal rule is “clearly established,” the appropriate. … immunity clearly established.

Barton v. Curtis

Court of Appeals for the Third Circuit · Jul 30, 2007

Qualified 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 known … The parties do not dispute that this right is clearly established.

Owen G. Brown and Loreen E. Brown v. United States of America, Department of Housing and Urban Development, Virgilio J. Granata, Thomas Verdon, Ron Santa, Jane Smullins, Robert Wall, Edwin J. Keyes, Robert S. Ernst, Richard Hajjar, Individually and Trading as Hajjar Real Estate Agency, Ann Platt, Charles Beimfohr Construction Co., Charles Beimfohr, A/K/A Karl Beimfohr, Borough of Bogota Police Department, Anthony Yocovelli, Peter Hoffman, William Kennedy, Borough of Bogota, Patrick Carr, Wolfgang Albrecht, John Does and Jane Does. Appeal of Virgilio J. Granata. Virgilio J. Granata, at 87-5910 v. Honorable Clarkson S. Fisher, U.S.D.J. For the District of New Jersey, and Owen G. Brown and Loreen E. Brown

851 F.2d 615 · Court of Appeals for the Third Circuit · Jun 21, 1988

As the law has developed, government officials who perform discretionary functions have qualified immunity shielding them from liability for civil damages if "their conduct does not violate clearly established statutory or … action is a violation) violates a clearly established right.

Lesoine v. County of Lackawanna

77 F. App'x 74 · Court of Appeals for the Third Circuit · Aug 14, 2003

To determine whether qualified immunity should be afforded the detectives, we first assess whether Lesoine’s allegations are sufficient to establish the violation of a constitutional or statutory right. Gruenke v. … The detectives are still entitled to qualified immunity unless the rights violated were clearly estab *80 lished.

Abdul-Akbar v. Watson

4 F.3d 195 · Court of Appeals for the Third Circuit · Aug 11, 1993

A. 29 The qualified immunity doctrine provides that 30 government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … established.

Wilson v. Schillinger

761 F.2d 921 · Court of Appeals for the Third Circuit · May 1, 1985

The Supreme Court has extended the application of the Harlow "clearly established rights" standard for qualified immunity to cases, such as this one, in which defendants are sued under 42 U.S.C. … Thus, to avoid the recovery-preclusive effects of qualified immunity, plaintiff must have proven that defendants had reason to know they were violating plaintiff's clearly established equal protection rights by enforcing

Hicks v. Feeney

850 F.2d 152 · Court of Appeals for the Third Circuit · Jul 19, 1988

Finally, the district court found that because Hicks's rights were not "clearly established" at the time of the violation, Feeney was entitled to qualified immunity. … If it were clearly established that this confinement violated Hicks's constitutional rights, then Feeney does not have qualified immunity. Id.

Lamont v. New Jersey

637 F.3d 177 · Court of Appeals for the Third Circuit · Mar 4, 2011

: whether the right at issue was clearly established. … Assuming (as we must) that this view of the evidence is the one that ultimately will prevail, the troopers clearly are not entitled to qualified immunity.

Ernest Porter v. Pennsylvania Department of Cor

974 F.3d 431 · Court of Appeals for the Third Circuit · Sep 1, 2020

establish a right for purposes of qualified immunity. … Because that right was not clearly established, Defendants are entitled to qualified immunity on Porter’s procedural due process claim.

Deary v. Three Un-Named Police Officers

746 F.2d 185 · Court of Appeals for the Third Circuit · Oct 12, 1984

predicate to the qualified immunity determination, was for the jury on the record of this case. … Finally, we conclude that FBI Agent Patton did not violate state or federal law, thus affording him the protection of qualified immunity established under controlling precedents.

Walter v. Pike Cty PA

Court of Appeals for the Third Circuit · Sep 18, 2008

violated clearly established law.” … at issue–in the case of qualified immunity, whether that set of facts is “sufficient to establish a violation of a clearly established constitutional right.”

Robinson v. Hartzell Propeller, Inc.

454 F.3d 163 · Court of Appeals for the Third Circuit · Jul 6, 2006

Forsyth, 472 U.S. 511, 525-26 (1985) (concluding in the qualified immunity context that an “essential attribute” of freedom from suit for past conduct that did not violate a clearly established right was an “entitlement not … public official has not violated a clearly established right.

McKee v. Hart

Court of Appeals for the Third Circuit · Jan 6, 2006

is entitled to qualified immunity. … was clearly established at the time of Sattele’s alleged conduct.

Blaylock v. Philadelphia

Court of Appeals for the Third Circuit · Oct 1, 2007

a violation of a clearly established constitutional right.”) … Accordingly, the defendants are entitled to qualified immunity here “if a reasonable officer could have believed that probable cause existed” to arrest Andre Blaylock “in light of clearly established law and the information