Case law

Yahye Herrow v. Attorney General United States of America

93 F.4th 107 · Court of Appeals for the Third Circuit · Feb 13, 2024

(“By immunizing extrajudicial action by low-level officials 21 Fifth Circuit that: [P]roving action in an officer’s official capacity “does not require that the public official … from the CAT's scope, a freestanding ‘rogue official’ rule would appear to disqualify much of what the ‘under color of law’ rule might otherwise qualify as ‘torture.’”).

Dintino v. Echols

91 F. App'x 783 · Court of Appeals for the Third Circuit · Mar 11, 2004

He even established, through personal surveillance, that Dintino was not working overtime at the crime lab on February 2, 1999, when Dintino’s DAR indicated that she was earning overtime. … Because we agree with the District Court that Echols had probable cause to arrest Dintino, we need not examine the question whether Echols is entitled to qualified immunity.

Frank Africa v. The Commonwealth of Pennsylvania Leroy S. Zimmerman (Attorney General) Bureau of Corrections Ronald Marks (Commissioner of b.o.c.)

662 F.2d 1025 · Court of Appeals for the Third Circuit · Nov 24, 1981

Africa does not question this determination, which was clearly correct, see 42 Pa.Const. Stat.Ann. § 9762 (Purdon) (1981). 5 . … (requiring belief in “a Supreme Being” in order to qualify for conscientious objector status).

Golden v. N.J. Inst. of Tech.

934 F.3d 302 · Court of Appeals for the Third Circuit · Aug 14, 2019

"Because [the agency] had agreed to plaintiff's request before she even filed suit, she cannot establish that her lawsuit entitles her to fees under the catalyst theory." … We need not decide whether these defenses qualify as colorable federal defenses under § 1442(a)(1).

54 Fair empl.prac.cas. 1078, 55 Empl. Prac. Dec. P 40,462, 31 Fed. R. Evid. Serv. 1379 Lal R. Bhaya, and Richard Carner, and William J. Haessler, and Henry A. Parzick, and Earle Williams v. Westinghouse Electric Corporation

922 F.2d 184 · Court of Appeals for the Third Circuit · Jan 24, 1991

III. 23 Plaintiffs' remaining arguments clearly lack merit. … III. 43 Keeping in mind that "smoking guns" are rarely available to the plaintiffs in employment discrimination cases, the evidence proffered at the first trial was clearly sufficient to establish the relevance of Parzick's

Bennett v. White

865 F.2d 1395 · Court of Appeals for the Third Circuit · Feb 10, 1989

III. 22 The defendants contend that the district court erred in holding that the summary judgment establishes any violation by them of federal statutory or constitutional law. … official immunity.

Heiner v. Gwinner

114 F.2d 723 · Court of Appeals for the Third Circuit · Sep 9, 1940

We- agree with the conclusion of the trial judge that the witnesses were not shown to be qualified. … Upon their facts they are clearly distinguishable from the case before us. We think the plaintiff received the stock in 1930.

Hilda Kennedy v. New Jersey Court System

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

or judicial immunity. … She alleged that the judge failed to comply with her request for “extra assistance” and to “please speak slowly, loudly, and clearly.” Id. at ⁋32.

Christy v. PA Turnpike Comm

Court of Appeals for the Third Circuit · Mar 27, 1995

Rather, it ruled that it could not find qualified immunity based on the facts at summary judgment. … jurisdiction the defendants' appeals from the district court's denial of their motions for summary judgment on qualified immunity grounds

Commonwealth Of Pennsylvania v. Brown

373 F.2d 771 · Court of Appeals for the Third Circuit · Feb 28, 1967

Should Girard be within the Act's scope these plaintiffs, if otherwise qualified, must be admitted to that student body. … Harron, supra, in any way establish that the statute cited was in fact Section 4654.

United States v. Dion Lawrence

349 F.3d 109 · Court of Appeals for the Third Circuit · Nov 13, 2003

Clearly, if the police had shown each photograph separately, an issue would arise about the defendant’s place in the array. … We fail to see how “Ogami” can qualify as an excited utterance, but not “T.” That would open the door to arguing that Hodge was attempting to identify Lawrence.

Eleanor Roseman v. Indiana University of Pennsylvania, at Indiana

520 F.2d 1364 · Court of Appeals for the Third Circuit · Jul 22, 1975

In particular, we rely on Findings of Fact 27, 28, 31, 32, 33 and 34, which establish that the anti-semitism reflected in plaintiff’s Exhibits 14, 15 and 17 played no part in the non-renewal decision. … These Findings were not clearly erroneous under F.R.Civ.P. 52. See note 7 below. See also 382 F.Supp. at 1337-38 . 4 .

Angel Thomas, Sr. v. Tyree Blocker

Court of Appeals for the Third Circuit · Jul 21, 2022

Irrespective of the merits of Appellants’ claims, Defendants are entitled to qualified immunity. … State officials are granted immunity for civil damages if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Meinhardt v. Unisys Corp.

173 F.3d 145 · Court of Appeals for the Third Circuit · Mar 22, 1999

Clearly, a medical doctor with no experience working with train tracks has no expertise with regard to the placement of loose railroad ties. If Dr. … The requirement that an expert witness be qualified is well established.

Joseph Mrazek v. Township of Stafford

Court of Appeals for the Third Circuit · Aug 1, 2018

Denying summary judgment on the issue of qualified immunity, the District Court held that Mrazek’s right to be free from a public official “negatively influencing a police promotion process solely because of [his] union-related … clearly established at the time of Giberson’s disputed conduct.

19 soc.sec.rep.ser. 338, Medicare&medicaid Gu 36,673 Diane Olson Lorrie Greene, by Her Legal Guardians, Michael and Jacquolyn Wright and Jennifer Kay Bechen, Individually and on Behalf of All Other Similarly Situated v. Nancy A. Norman, Commissioner, Iowa Department of Human Services v. Otis R. Bowen, Secretary, United States Department of Health and Human Services, Third Party Diane Olson Lorrie Greene, by Her Legal Guardians, Michael and Jacquolyn Wright and Jennifer Kay Bechen, Individually and on Behalf of All Other Similarly Situated v. Nancy A. Norman, Commissioner, Iowa Department of Human Services v. Otis R. Bowen, Secretary, United States Department of Health and Human Services, Third Party

830 F.2d 811 · Court of Appeals for the Third Circuit · Sep 15, 1987

Thus, a hypothetical teenaged mother and her two children would qualify for no more than $381 in AFDC payments. … The Secretary contends that this award impermissibly stretches the limited waiver of immunity made by Sec. 2412(b).

Michael Weston v. Commonwealth of of Pennsylvania

251 F.3d 420 · Court of Appeals for the Third Circuit · May 22, 2001

Discrimination and other civil rights claims are clearly subject to notice pleading. … We have specifically found oral reprimands not sufficiently adverse to qualify under the statute.

Consolidated Express, Inc. v. New York Shipping Association, Inc., Sea-Land Services, Inc., Seatrain Lines Inc., International Longshoremen's Association, Afl-Cio, International Terminal Operating Co., Inc., John M. McGrath Corp., Pittston Stevedoring Corp., United Terminals Corp., Universal Maritime Services Corp. Twin Express, Inc. v. New York Shipping Association, Inc., Sea-Land Service, Inc., International Longshoremen's Association, Afl-Cio, International Terminal Operating Co., Inc., John M. McGrath Corp., Pittston Stevedoring Corp., United Terminals Corp., Universal Maritime Services Corp

602 F.2d 494 · Court of Appeals for the Third Circuit · May 18, 1979

Since the three Justices who joined in the Douglas opinion would have upheld the union's claim of antitrust immunity absent a showing of predatory intent, and three others would have upheld the claim of immunity on broader … Since that finding was not clearly erroneous, Justice White said that the agreement was exempt.

Trotman v. Board of Trustees of Lincoln University

635 F.2d 216 · Court of Appeals for the Third Circuit · Nov 25, 1980

City of Independence, 100 S.Ct. 1398, 1416 (1980), qualified immunity is sometimes granted because of “overriding considerations of public policy” but this does not affect the question of the legality of the underlying governmental … These are, however, within established limits, in truth necessary side effects of the broader enduring values which the process of open debate permits us to achieve.

Samy Jecrois v. Mark Sojak

Court of Appeals for the Third Circuit · Jun 6, 2018

The District Court also concluded the right to be free from arrest without probable cause was clearly established at the time of Jecrois’s arrest. … They alternatively contend that (1) probable cause existed for the lesser offense of sexual contact under New Jersey law, entitling them to qualified immunity or (2) the law on this issue was not clearly established at the