Case law
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Susan Lloyd v. Commonwealth of Pennsylvania
Court of Appeals for the Third Circuit · Mar 30, 2026
The District Court determined, inter alia, that the officers were entitled to qualified immunity with respect to their official-capacity liability 6; that Lloyd’s 5 Lloyd voluntarily dismissed her claims against the … Qualified immunity is a defense to liability “in a personal- capacity action,” Kentucky v. Graham, 473 U.S. 159, 166 (1985), not an official-capacity action.
Cited 0 timesUnpublished153 F.3d 96 · Court of Appeals for the Third Circuit · Jul 24, 1998
Finally, sovereign immunity does not bar an action brought pursuant to § 1983. See Will v. … DNREC is not protected from injunctive relief by the doctrine of sovereign immunity. See Will, supra.
Cited 25 timesPublished854 F.2d 1516 · Court of Appeals for the Third Circuit · Aug 23, 1988
Nevertheless, we believe the Plan qualifies because the Thirty-Year Benefit is not within that definition. . … This is obviously a skewed interpretation of a plan clearly intended to meet the requirements of ERISA and the Code.
Cited 15 timesPublishedFlorence M. Nuttall, of the Estate of Clarence O. Nuttal, Deceased v. Reading Company
235 F.2d 546 · Court of Appeals for the Third Circuit · Sep 7, 1956
At this point we are assuming Nuttall’s state of mind established and seeking probative evidence that his state of mind was induced by something his employer did. … at the telephone, is qualified to report A’s utterances heard by him, but in strictness is not qualified to report B’s utterances as repeated or alluded to by A during the conversation.
Cited 47 timesPublishedPlucinski v. I.A.M. National Pension Fund
875 F.2d 1052 · Court of Appeals for the Third Circuit · May 19, 1989
National Pension Fund (“IAM Fund” or “Fund”) is an ERISA qualified multiemployer pension plan. See 29 U.S.C. § 1002 (2)(A). Appellee Perth Amboy Dry Dock Co. … It must be remembered that it is optional for an employer to establish an ERISA qualifying pension plan. The ERISA statute provides tax benefits to employers who do so, in order to encourage broad participation.
Cited 21 timesPublishedPhiladelphia Welfare Rights Organization v. Shapp
602 F.2d 1114 · Court of Appeals for the Third Circuit · Jul 9, 1979
The defendants were required to establish, within 60 days, a full statewide program for all eligible children. … The decree established a structure for the implementation of an EPSDT Program. It contained an express waiver of Pennsylvania's Eleventh Amendment or Pennsylvania law immunity.
Cited 7 timesPublishedHindes v. Federal Deposit Insurance Corporation
137 F.3d 148 · Court of Appeals for the Third Circuit · Feb 19, 1998
P. 4(a)(1) (establishing a 60-day period for appeal where a federal agency or officer is a party). … The Amendment, however, does not bar such suits where the state has waived its immunity, see Atascadero State Hosp. v.
Disagreed with by First Pacific Bancorp, Inc. v. Helfer, 224 F.3d 1117 (2000)Cited 209 timesPublishedUnited States v. Askia Washington
869 F.3d 193 · Court of Appeals for the Third Circuit · Aug 28, 2017
Claims of unconstitutional policies or practices, lodged against entities rather than individuals, often cannot be met with qualified or good-faith immunity defenses at all. 121 • In sum, while we do riot lightly depart from … Kleindienst, 599 F.2d 1203, 1216 (3d Cir. 1979) ("[Fjederal law enforcement officers are entitled only to qualified, or good faith, immunity.”). . Davis, 793 F.3d at 720 . .
Cited 73 timesPublished750 F.2d 565 · Court of Appeals for the Third Circuit · Jan 8, 1985
The evidence clearly establishes that the City was well aware of the risk posed by the submerged pier. … These findings are not clearly erroneous.
Cited 6 timesPublishedYeung Ying Cheung v. Immigration & Naturalization Service
422 F.2d 43 · Court of Appeals for the Third Circuit · Feb 17, 1970
Whether to award relief to qualified applicants has been confided by Congress to the discretion of the Attorney General. 7 Thus the case presents the very narrow issue: was discretion to suspend petitioner’s deportation exercised … 8 The answer is clearly in the negative.
Cited 9 timesPublishedJuan Diaz, Jr. v. Warden Lewisburg USP
630 F. App'x 148 · Court of Appeals for the Third Circuit · Nov 18, 2015
Alternatively, the Magistrate Judge concluded that both defendants would be entitled to qualified immunity. … immunity on Diaz’s Eighth Amendment claims. 7
Cited 19 timesUnpublished931 F.2d 1282 · Court of Appeals for the Third Circuit · Jun 10, 1991
Testimony received by the District Court indicates such an intention on the part of these parties, and the District Court's findings on this score are not clearly erroneous. … Attorneys' fees paid by Schnucks to establish Kroger's failure to satisfy these obligations clearly qualify as "any loss, cost, liability or expense, including ... reasonable attorneys fees, arising out of ...
Cited 1 timesPublishedNewspaper Guild, Erie Newspaper Guild, Local 187 v. National Labor Relations Board
489 F.2d 416 · Court of Appeals for the Third Circuit · Nov 30, 1973
In the instant case, most of the Examiner’s opinion is directed toward establishing the first element, supervisory status. … In Wisconsin, unlike the instant case, the union did not appeal the Board’s finding that the supervisors qualified under § 8(b)(1)(B).
Cited 1 timesPublishedMichael Wheeler v. Jersey City Police Department
676 F. App'x 126 · Court of Appeals for the Third Circuit · Jan 20, 2017
Accordingly, if a court denies qualified immunity because it cannot determine that there is “evidence sufficiency” for the claim of qualified immunity the order does not become immediately reviewable. … We can review the legal determination of “whether the set of facts identified by the district court is sufficient to establish a violation of a clearly established constitutional right” but we “lack jurisdiction to consider
Cited 0 timesUnpublishedCourt of Appeals for the Third Circuit · Dec 14, 2005
A promise by a law enforcement officer may qualify as coercion. United States v. Walton, 10 F.3d 1024, 1030 (3d Cir. 1993); United States v. Conley, 859 F. Supp. 830, 836 (W.D. Pa. 1994). … Sullivan never made an express promise of immunity.
Cited 0 timesPublished450 F.2d 1012 · Court of Appeals for the Third Circuit · Sep 22, 1971
The “clearly erroneous” test, however, requires that this court be convinced on the whole record that a mistake has been committed. United States v. … That he may no longer be immune to law suits even though he participates in and contributes to the compensation program would be a consideration of great weight to an employer.
Cited 1 timesPublishedBowens v. United States Department of Justice
415 F. App'x 340 · Court of Appeals for the Third Circuit · Jan 26, 2011
The BOP’s Administrative Remedy Program, of which Bowens availed himself, qualifies as such an adequate system. … did not act in an unconstitutional manner, as ―[t]he undisputed facts establish that Defendant Jenkins acted in a reasonable manner and his actions were undertaken in accordance with existing BOP policies[;] [t]here is
Cited 11 timesUnpublished44 F.3d 1160 · Court of Appeals for the Third Circuit · Feb 10, 1995
"[lit is a well-established principle of federalism that a state decision resting on an adequate foundation of state substantive law is immune from review in the federal courts," Wainwright v. … Here, the Appellate Division’s judgment on Simmons’ state Gilmore claim was clearly “independent” of his federal Batson claim.
Cited 62 timesPublished663 F.3d 634 · Court of Appeals for the Third Circuit · Dec 14, 2011
Thompson, 603 F.3d 243, 250 (3d Cir. 2010), we recently noted that qualified immunity applies regardless of whether a government official’s conduct stemmed from a mistake of law or a mistake of fact. In Curley v. … Their con- victions clearly are felonies.
Cited 103 timesPublished199 F. App'x 107 · Court of Appeals for the Third Circuit · Jun 21, 2006
immunity only. … Still, because Brown fails to show any basis to conclude that the conduct at issue was not objectively reasonable, qualified immunity applies and the claims were correctly dismissed. See Kulwicki v.
Cited 2 timesUnpublished
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