Case law

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

Manigault v. King

339 F. App'x 229 · Court of Appeals for the Third Circuit · Jul 13, 2009

Qualified immunity shields government officials from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Katz, we typically resolve qualified immunity claims under a two-step test, deciding (1) whether facts alleged or shown make out the violation of a constitutional right, and (2) if so, whether that right was clearly established

Torres v. McLaughlin

163 F.3d 169 · Court of Appeals for the Third Circuit · Dec 15, 1998

In the alternative, they submit that even if he violated Torres’s constitutional rights, these rights were not clearly established at the time of McLaughlin’s actions. … It is only after satisfying that inquiry that we should then “ask whether the right allegedly implicated was clearly established at the time of events in question.” Id.

Corey Fallen v. Thomas McEnroe

Court of Appeals for the Third Circuit · Jan 6, 2025

The dissent responds at the highest level of generality by noting that “the clearly established prong of the qualified immunity analysis” was “raised and argued in the District Court and here.” Dissent at n.5. … Qualified immunity protects more than just constitutional actions by law enforcement officers; it also extends to unconstitutional conduct that has not been clearly established as such. See Pearson, 555 U.S. at 236.

Campbell v. Moore

92 F. App'x 29 · Court of Appeals for the Third Circuit · Jan 14, 2004

Qualified immunity is intended to shield government officials performing discretionary functions, including police officers, “from liability from civil damages insofar as their conduct does not violate clearly established … It is a defendant’s burden to establish that he is entitled to qualified immunity. See Beers-Capitol v. Whetzel, 256 F.3d 120 , 142 n. 15 (3d Cir.2001). As the Supreme Court held in Saucier v.

Harvey v. Plains Twp Pol Dept

Court of Appeals for the Third Circuit · Aug 30, 2005

Qualified Immunity “Qualified immunity shields public officials performing discretionary functions from § 1983 and Fourteenth Amendment liability ‘insofar as their conduct does not violate clearly established statutory … Our qualified immunity inquiry is a two step process. First, we must determine whether the defendants violated “clearly established” rights. Id.

Sharrar v. Felsing

128 F.3d 810 · Court of Appeals for the Third Circuit · Oct 24, 1997

We thus hold, following the Supreme Court’s decision in Hunter , that in deciding whether defendant officers are entitled to qualified immunity it is not only the evidence of “clearly established law” that is for the court … To prevail on their qualified immunity claim, — a claim not reached by the district court — defendants must show that their conduct did not violate a clearly established constitutional right of which a reasonable officer

Kathleen Stoneking v. Bradford Area School District

856 F.2d 594 · Court of Appeals for the Third Circuit · Sep 12, 1988

The basis for their claim of immunity was that Stoneking did not have a clearly established right to be free from the sexual abuse of Wright, a member of the school's staff, that they were under no clearly established duty … Qualified Immunity 11 The doctrine of qualified immunity entitles government officials performing discretionary functions to immunity from liability for civil damages when their conduct "does not violate clearly established

A.W. v. Jersey City Public Schools

486 F.3d 791 · Court of Appeals for the Third Circuit · May 24, 2007

Finally, the Court denied defendants qualified immunity because A.W. adduced sufficient proof that defendants had violated A.W.’s clearly established rights under the IDEA and the Rehabilitation Act. … “clearly established.”3 Id.

Edinboro College Park Apartments v. Edinboro University Foundation

850 F.3d 567 · Court of Appeals for the Third Circuit · Mar 9, 2017

But the Court declined to apply ipso facto immunity to the agency: For purposes of Parker, a nonsovereign actor is one whose conduct does not automatically qualify as that of the sovereign State itself … Because plaintiffs’ alleged antitrust injury derives exception is not clearly established. See, e.g., VIBO Corp. v. Conway, 669 F.3d 675, 686–87 (6th Cir. 2012); Hedgecock v.

Kathleen Stoneking v. Bradford Area School District

882 F.2d 720 · Court of Appeals for the Third Circuit · Aug 16, 1989

Bradford Area School Dist., 667 F.Supp. 1088, 1098 (W.D.Pa.1987). 7 On appeal, defendants argued that they were entitled to qualified immunity because they had no clearly established duty to protect Stoneking, and therefore … The defendants are entitled to qualified immunity if reasonable officials in the defendants' position at the relevant time could have believed, in light of clearly established law, that their conduct comported with established

Mike Baloga v. Pittston Area School District

927 F.3d 742 · Court of Appeals for the Third Circuit · Jun 25, 2019

Department of Social Services of City of New York, 436 U.S. 658, 690 (1978), and that Serino was entitled to qualified immunity because any constitutional right at issue was not “clearly established” at the relevant time. … Qualified Immunity Finally, Defendants argue that summary judgment was proper as to Serino because he is entitled to qualified immunity.

Yeskey v. Commonwealth Of Pennsylvania Department Of Corrections

118 F.3d 168 · Court of Appeals for the Third Circuit · Jul 10, 1997

Murray, 57 F.3d 1340, 1344-46 (4th Cir.1995) (coverage of prisons by Section 504 and Title II not clearly established in qualified immunity context), cert. denied, 516 U.S. 1071 , 116 S.Ct. 772 , 133 L.Ed.2d 724 (1996); White … time of the events at issue, and that the individual defendants in that case therefore were entitled to qualified immunity.

Forbes v. Township of Lower Merion

76 F. App'x 475 · Court of Appeals for the Third Circuit · Oct 1, 2003

Rather, our jurisdiction is limited to “review[ing] whether the set of facts identified by the district court is sufficient *477 to establish a violation of a clearly established constitutional right.” Id. … As we have emphasized, we must accept these facts as true for the purposes of this appeal and inquire only whether they are “sufficient to establish a violation of a clearly established constitutional right.”

Ferraro v. City of Long Branch

23 F.3d 803 · Court of Appeals for the Third Circuit · May 10, 1994

The court then observed that it was "well established that government officials performing discretionary functions enjoy qualified immunity from civil damages when their conduct does not violate clearly established statutory … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), as qualified immunity is predicated on objective standards. While Winn v.

Byron Halsey v. Frank Pfeiffer

750 F.3d 273 · Court of Appeals for the Third Circuit · Apr 24, 2014

Qualified immunity protects government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … qualified immunity.”).

Carol Walker v. Brian Coffey

956 F.3d 163 · Court of Appeals for the Third Circuit · Apr 16, 2020

The District Court granted the Appellees’ motion to dismiss after concluding Coffey and Zimmerer were entitled to qualified immunity because Walker did not have a clearly established right to privacy in her work emails. … It further found that qualified immunity was available for claims raised under the SCA and that Coffey and Zimmerer were again entitled to immunity.

Anthony Adamo v. Michael Dillon

539 F. App'x 51 · Court of Appeals for the Third Circuit · Sep 13, 2013

that was clearly established at the time of the challenged conduct.” … In light of the evidence that suggested a horse had been drugged, the Court held “the State was entitled to impose an interim suspension, 3 We review the grant of qualified immunity, including the clearly established

Hopkins v. Vaughn

363 F. App'x 931 · Court of Appeals for the Third Circuit · Jan 29, 2010

Discussion “The doctrine of 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 … Two inquiries govern whether an official is entitled to qualified immunity: (1) whether the facts alleged establish a violation of a constitutional right, and (2) whether the constitutional right at issue was clearly established