Case law

Schmidt v. Creedon

639 F.3d 587 · Court of Appeals for the Third Circuit · Mar 29, 2011

However, because this rule was not clearly established at the time of Schmidt‘s suspension, we conclude that appellees are entitled to qualified immunity. I. Background A. … to qualified immunity because this right was not clearly established at the time of his suspension.

Brian Davis v. George Wigen

82 F.4th 204 · Court of Appeals for the Third Circuit · Sep 19, 2023

Qualified Immunity The Federal Defendants argue that they are entitled to qualified immunity as to Plaintiffs’ RFRA claim because the law was not clearly established when Moshannon Valley denied Davis’s marriage request … Fitzgerald, 457 U.S. 800, 818 (1982) (holding that qualified immunity protects government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional

Pamela A. Couden Tiffany A. Couden Adam R. Couden, a Minor, by His Next Friend, Pamela A. Couden Nicholas M. Couden, a Minor, by His Next Friend, Pamela A. Couden Jordan T. Couden, a Minor, by His Next Friend, Pamela A. Couden Luke J. Couden, A

446 F.3d 483 · Court of Appeals for the Third Circuit · Apr 7, 2004

established under the qualified immunity test. … That reasonable mistake of fact neither establishes a constitutional violation nor does it deprive the officers of qualified immunity.

Jordan v. Fox, Rothschild, O'Brien & Frankel

20 F.3d 1250 · Court of Appeals for the Third Circuit · Mar 31, 1994

Because it relied on qualified immunity to support dismissal, the district court did not speak clearly as to whether Jordan Mitchell, Inc. had waived its constitutional right to due *1256 process. … The policies that permit a government actor who is denied summary judgment on a qualified immunity defense an immediate right to appeal do not clearly apply to a private person’s claim of good faith.

No. 90-6051

948 F.2d 1402 · Court of Appeals for the Third Circuit · Dec 24, 1991

In Brown, in reviewing a denial of a summary judgment motion alleging qualified immunity, we examined whether the right the defendant official was alleged to have violated was clearly established. … Absolute immunity defeats a suit at the outset, while an official with qualified immunity must establish that "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Charles Mack v. Warden Loretto FCI

839 F.3d 286 · Court of Appeals for the Third Circuit · Oct 11, 2016

to qualified immunity. 70 “[Government officials performing discretionary functions generally are shielded from liar bility for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … right.” 72 “The dispositive question is whether the violative nature of particular conduct is clearly established.” 73 That is not to say that qualified immunity applies “unless the very action in question has previously

Joe J. Jordan James E. Mitchell Jordan Mitchell, Inc. v. Fox, Rothschild, O'Brien & Frankel, Joe J. Jordan James E. Mitchell Jordan Mitchell, Inc., on Their Own Behalf and on Behalf of All Others Similarly Situated v. Arnold T. Berman Myron J. Berman John J. Petit, Jr., Prothonotary of the Court of Common Pleas of Philadelphia County, Joe J. Jordan James E. Mitchell Jordan Mitchell, Inc., at No. 92-1424, Arnold T. Berman and Myron J. Berman, at No. 92-1456

20 F.3d 1250 · Court of Appeals for the Third Circuit · Apr 18, 1994

s section 1983 claims on the basis of qualified immunity. … immunity defense an immediate right to appeal do not clearly apply to a private person's claim of good faith

Parkhurst v. Trapp

77 F.3d 707 · Court of Appeals for the Third Circuit · Feb 23, 1996

Qualified immunity is an applicable defense to actions based on Fourth Amendment violations. Anderson v. … established law of Good, the magistrate judge erred in holding that the individual defendants enjoyed qualified immunity. 26 We hold that the second search of the Parkhurst residence violated the Fourth Amendment and the

Kirley v. Williams

330 F. App'x 16 · Court of Appeals for the Third Circuit · May 5, 2009

under the law as currently understood, and under clearly established law in 2002; and (2) even if qualified immunity were deemed to shield the officers from liability, the doctrine is inapplicable to her claim against the … immunity because their conduct did not violate clearly established law at the time of the entry.

Egervary v. Young

366 F.3d 238 · Court of Appeals for the Third Circuit · Apr 30, 2004

Chisolm v. decision regarding qualified immunity McManimon, 275 F.3d 315, 321 (3d Cir. pursuant to 28 U.S.C. § 1291. Our 2001). … absolute immunity, qualified immunity, Id. (quoting Abdullah v. American and good faith.

Lewis Fogle v. John Sokol

Court of Appeals for the Third Circuit · Apr 21, 2020

“To that end, the Court has identified two kinds of immunities under § 1983: qualified immunity and absolute immunity.” Yarris, 465 F.3d at 135. “Most public officials are entitled only to qualified immunity.” … when ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”11 Id.

John Zimmerman v. Thomas Corbett, Jr.

873 F.3d 414 · Court of Appeals for the Third Circuit · Oct 16, 2017

Because we conclude that the uncontested facts do not establish the elements of malicious prosecution, we do not need to reach the issue of qualified immunity. 3 Pennsylvania House of Representatives … DISCUSSION Appellants advance several arguments, including arguments that the District Court erred in denying their claim of qualified immunity.

Michael Thomas Harper v. Donald Jeffries, and Pennsylvania Board of Probation and Parole

808 F.2d 281 · Court of Appeals for the Third Circuit · Dec 31, 1986

The Thompson court further noted that, in their executive capacity, probation officers are not entitled to absolute immunity from suit, but only to a qualified, good-faith immunity. … Hence, in this instance, Jeffries is entitled to immunity from the appellant’s § 1983 action for damages if it is shown that his conduct did not violate clearly established statutory or constitutional rights of which a reasonable

Gabor G. Kovats, Steven C. Procuniar, Joy L. Davis, Roberta M. Delson, Hace Tishler, and Anna Beck v. Rutgers, the State University, Board of Governors of Rutgers, the State University, Edward Bloustein, as President of Rutgers, the State University and Individually and John R. Martin, as Vice-President for Personnel of Rutgers, the State University and Individually and Susan A. Cole, as Vice-President for Personnel of Rutgers, the State University. Appeal of Rutgers, the State University Board of Governors of Rutgers, the State University Edward Bloustein as President of Rutgers, the State University and Individually, and John R. Martin, as Vice-President for Personnel of Rutgers, the State University and Individually. Margaret Varma, on Behalf of Herself and All Others Similarly Situated and Rutgers Council of Aaup Chapters v. Edward J. Bloustein President of Rutgers, the State University, T. Alexander Pond Executive Vice-President and Chief Academic Officer of Rutgers, the State University Norman Samuels Provost of the Newark Campus of Rutgers, the State University James Young Former Provost of the Newark Campus of Rutgers, the State University Walter Gordon Provost of the Camden Campus of Rutgers, the State University Kenneth Wheeler Provost of the New Brunswick Campus of Rutgers, the State University Jean Parrish Acting Provost of the New Brunswick Campus of Rutgers, the State University Professors Hans Fisher, Noemie Killer, Richard Poirier, Paul Fussell, Lawrence Fisher, Jane Scanlon, Harvey Feder and Amelie Rorty of Rutgers, the State University Susan A. Cole Vice-President for Personnel at Rutgers, the State University, Elizabeth Mitchell Assistant Vice-President for Faculty Affairs of Rutgers, the State University Robert Pack Associate Provost for Personnel, New Brunswick Members of the Board of Governors of Rutgers, the State University Linda Stamato Chair Donald Dickerson Vice-Chair Floyd Bragg Sanford Jaffe Robert Kaplan Harold Perl Norman Reitman Lawrence S. Schwartz and David Werblin, All Individually and in Their Corporate Capacities and Rutgers, the State University the Promotion Review Committee, of Rutgers, the State University. Appeal of Edward J. Bloustein T. Alexander Pond Norman Samuels James Young Walter Gordon Kenneth Wheeler Jean Parrish the Promotion Review Committee Susan A. Cole Elizabeth Mitchell Robert Pack Linda Stamato Donald Dickerson Floyd Bragg Sanford Jaffee Robert Kaplan Harold Perl Norman Reitman Lawrence S. Schwartz and David Werblin and Rutgers, the State University

822 F.2d 1303 · Court of Appeals for the Third Circuit · Jun 30, 1987

The court found that Varma's claim implicated this clearly established law and, for that reason, denied Rutgers' motion for summary judgment on the qualified immunity issue. 49 The Rutgers individuals argue that what the … judgment on the qualified immunity doctrine.IV.

Czurlanis v. Albanese

721 F.2d 98 · Court of Appeals for the Third Circuit · Nov 9, 1983

If the law was not clearly established, the defendant will prevail on summary judgment on the basis of the qualified immunity defense, id. at 818, 102 S.Ct. at 2739, unless the plaintiff claims that the official actually … If, on the other hand, the applicable law was clearly established, then, as the Court noted in Harlow, it should have been known to "a reasonably competent public official," and the qualified immunity defense "should ordinarily

Lewis Fogle v. John Sokol

Court of Appeals for the Third Circuit · Apr 21, 2020

“To that end, the Court has identified two kinds of immunities under § 1983: qualified immunity and absolute immunity.” Yarris, 465 F.3d at 135. “Most public officials are entitled only to qualified immunity.” … when ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” 11 Id.

Sherwood v. Mulvihill

113 F.3d 396 · Court of Appeals for the Third Circuit · May 15, 1997

II. 14 As government officials engaged in discretionary functions, Defendants are qualifiedly immune from suits brought against them for damages under section 1983 "insofar as their conduct does not violate clearly established … Where a defendant asserts a qualified immunity defense in a motion for summary judgment, the plaintiff bears the initial burden of showing that the defendant's conduct violated some clearly established statutory or constitutional

Princeton Community Phone Book, Inc. v. Bate

582 F.2d 706 · Court of Appeals for the Third Circuit · Jun 23, 1978

Specifically, we hold that the claim for injunctive and declaratory relief is not moot, that Opinion 290 is unconstitutional, that the defendants are immune from a § 1983 damage action under the qualified immunity standard … Assuming, without deciding, that defendants are entitled to only qualified immunity, 14 we conclude that the depositions, interrogatories, and affidavits clearly establish that the defendants acted in good faith and, specifically

Rivas v. City Of Passaic

365 F.3d 181 · Court of Appeals for the Third Circuit · Apr 26, 2004

a violation of a clearly established constitutional right." … Rivas's mouth 12 We note that Garcia and Rodriguez do not argue on appeal that they are entitled to qualified immunity because the law was not clearly established as of November 1998.

Bramson v. Sulayman

251 F. App'x 84 · Court of Appeals for the Third Circuit · Oct 17, 2007

Bramson’s Eighth Amendment Claim The District Court dismissed Bramson’s Eighth Amendment claim because it concluded that defendants were shielded by qualified immunity. We agree. … In assessing qualified immunity, courts ask (1) whether a plaintiff has alleged a violation of a constitutional right, and, if so, (2) whether the right was clearly established, such that a reasonable person would understand