Case law

Deanna Jo Shea v. Karla L. Smith, Scott Baker, Robert Rumgay

966 F.2d 127 · Court of Appeals for the Third Circuit · Jun 11, 1992

Conversely, if the law was clearly established, the immunity defense fails because a reasonable public official should have known the law governing his conduct. Id. … The defendants acted within the contours of the law as it existed at that time, are entitled to qualified immunity, and summary judgment was properly granted them. *134 Because “[qualified immunity covers civil liability

Larry Roberts v. David Lau

90 F.4th 618 · Court of Appeals for the Third Circuit · Jan 11, 2024

Even after that determination, . . . a prosecutor may engage in ‘police investigative work’ that is entitled to only qualified immunity.” Buckley, 509 U.S. at 274 n.5. … Even after that determination . . ., a prosecutor may engage in ‘police investigative work’ that is entitled to only qualified immunity.” 509 U.S. at 274 n.5.

TORRES v. McLAUGHLIN

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

immunity from suits for damages brought under § 1983 but only "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … This Court has stated that it is the "general right" which must be clearly established.

W.B. v. Matula

67 F.3d 484 · Court of Appeals for the Third Circuit · Oct 17, 1995

In contrast, if “the law is not established clearly when an official acts, he is entitled to qualified immunity because he ‘could not reasonably be expected to anticipate subsequent legal developments.’ ” In re City of Philadelphia … First, the statutes and regulations enacting the “child find” duty clearly establish the obligation to identify and evaluate disabled children.

E. Marvin Herr v. Pequea Township

274 F.3d 109 · Court of Appeals for the Third Circuit · Dec 11, 2001

exceed the scope of qualified immunity. … If the right to be free from state intervention with land development was clearly established when Blanche Road was decided (in 1995), it is even more clearly established now in light of the Third Circuit's decision and holding

Andrew Perrong v. Matthew Bradford

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

is protected under qualified immunity. … Here, the District Court ruled that Bradford was not entitled to qualified immunity due, in part, to the Court’s holding that TCPA’s robocalling prohibitions to state legislators are clearly established.

Tremayne Durham v. G. Kelley

82 F.4th 217 · Court of Appeals for the Third Circuit · Sep 19, 2023

But construing his complaint liberally, as required at this stage, he is a “qualified individual” with a disability who was denied equal access to the showers at the prison, a qualifying public service. … Georgia explained that there are two ways to establish that Congress had the ability to abrogate a State’s Eleventh Amendment immunity.

Odd v. Malone

538 F.3d 202 · Court of Appeals for the Third Circuit · Aug 4, 2008

A prosecutor bears the “heavy burden” of establishing entitlement to absolute immunity. Light v. Haws, 472 F.3d 74, 80-81 (3d Cir.2007) (quoting Forsyth v. Kleindienst, 599 F.2d 1203, 1212 (3d Cir.1979)). … As to the latter, the Court noted that at common law, prosecutors were absolutely immune from defamation liability for in-court statements but received only qualified immunity for out-of-court statements.

Wilson v. Rackmill

878 F.2d 772 · Court of Appeals for the Third Circuit · Jul 6, 1989

In their executive or administrative capacity, probation and parole officers are entitled only to a qualified, good faith immunity. Id. at 284 . … duties, entitling them to qualified or good faith immunity.

Hubbard v. Taylor

Court of Appeals for the Third Circuit · Aug 5, 2008

“[A] right is clearly established for purposes of qualified immunity when its contours are ‘sufficiently clear that a reasonable official would understand that what he is doing violates that right.’” Williams v. … On the other hand, I cannot disagree with the majority’s determination that the constitutional right was not clearly established, and indeed has not been clearly established to this day.

A.D. Bedell Wholesale Company, Inc. v. Philip Morris Incorporated

263 F.3d 239 · Court of Appeals for the Third Circuit · Jul 11, 2001

Midcal 63 To qualify as state action under the Midcal test, "the challenged restraint must be one 'clearly articulated and affirmatively expressed as state policy.'" 445 U.S. at 104 (quoting City of Lafayette v. La. … Under Noerr-Pennington immunity, the government actions which flow from valid petitioning need not qualify as Parker "state action."

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.

Lincoln v. Hanshaw

375 F. App'x 185 · Court of Appeals for the Third Circuit · Mar 22, 2010

right violated was not clearly established at time of the violation. … Thus, plaintiffs have not shown that a constitutional violation occurred, much less that the right assertedly violated was clearly established, sufficient to defeat qualified immunity.

Egolf v. Witmer

Court of Appeals for the Third Circuit · May 22, 2008

The court granted immunity on the basis that the constitutional rights were not “clearly established” in the circumstances of this case. This appeal followed. … Qualified immunity turns on the “objective legal reasonableness of the action . . . assessed in light of the legal rules that were clearly established at the time.” Anderson v. Creighton, 483 U.S. 635, 639 (1987).

Dawn Ball v. Famiglio

726 F.3d 448 · Court of Appeals for the Third Circuit · Aug 9, 2013

qualifies as a PLRA strike. … immune – and to clearly state frivolousness as the reason for the dismissal.

Wilson v. Rackmill

878 F.2d 772 · Court of Appeals for the Third Circuit · Jul 6, 1989

In their executive or administrative capacity, probation and parole officers are entitled only to a qualified, good faith immunity. Id. at 284 . … , entitling them to qualified or good faith immunity.

Haygood v. Johnson

70 F.3d 92 · Court of Appeals for the Third Circuit · Dec 4, 1995

Based on these conclusions, the district court determined that Savage caused an illegal search in violation of clearly established law and was, therefore, entitled to no immunity. 11 The reasoning underlying the district … McMillian, 939 F.2d 1479 , 1497-98 & n. 32 (11th Cir.1991) (law can be "clearly established" for qualified immunity purposes by decisions of U.S.

Keith A. Hill v. Borough of Kutztown and Gennaro Marino, Mayor of Kutztown, in His Individual and Official Capacity

455 F.3d 225 · Court of Appeals for the Third Circuit · Jul 26, 2006

“[Government officials performing discretionary functions generally are granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … No matter what further fact development reveals, then, the law was not clearly established on the point in question, and, if damages were in question, Marino would be entitled to qualified immunity. 28 .

Gilles v. Davis

427 F.3d 197 · Court of Appeals for the Third Circuit · Oct 25, 2005

At issue in this First Amendment suit is whether the arresting officers are entitled to qualified immunity. … , permitting a reasonable mistake without resulting individual liability of the officer, when the law is not clearly established.”) 2.

Hogan v. Township of Haddon

278 F. App'x 98 · Court of Appeals for the Third Circuit · Mar 11, 2008

Mayor Park is also entitled to qualified immunity. … Therefore, appellees are shielded from liability and are entitled to qualified immunity for these claimed violations since the claimed conduct did not violate Hogan’s clearly established constitutional rights.