Case law

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.

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

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

Shareem Taylor v. Robert Rosa

Court of Appeals for the Third Circuit · May 19, 2021

At the motion to dismiss stage, a law enforcement officer is shielded by qualified immunity if (1) the facts alleged show the officer’s conduct did not violate a constitutional right, or (2) the right violated was not clearly … Because qualified immunity is a defense, it “will be upheld on a [motion to dismiss] only when the immunity is established on the face of the complaint.” Thomas v.

Charles Mack v. John Yost

968 F.3d 311 · Court of Appeals for the Third Circuit · Aug 4, 2020

We also held that the prison officials were not entitled to qualified immunity as to this claim because it was clearly established that inmates have a right to be free from retaliation for exercising their First Amendment … The District Court also rejected the prison officials’ argument that they were entitled to qualified immunity, and thus denied the Government’s motion for summary judgment.

United States v. Bruce C. Moats, Repsa Fabricacion, S.A., Intervenor-Third Party v. Petroleos Mexicanos (Pemex), Third-Party

961 F.2d 1198 · Court of Appeals for the Third Circuit · Jun 4, 1992

Forsyth, 472 U.S. 511, 527-28 , 105 S.Ct. 2806, 2816-17 , 86 L.Ed.2d 411 (1985) (court hearing appeal from order denying qualified immunity under 42 U.S.C. § 1983 reviews only legal issues). … Clearly, if Pemex does not dispute Repsa’s allegations, but believes that it is entitled to immunity under the facts as alleged, the issue we must resolve is the purely legal application of the FSIA.

Kenneth C. Antol v. William J. Perry, Secretary Department of Defense, (Defense Logistics Agency)

82 F.3d 1291 · Court of Appeals for the Third Circuit · May 7, 1996

Parsons, 729 F.2d 233 (3d Cir.1984) (per curiam), to establish the proposition that he is excused from exhausts ing his administrative remedies. … Poltonowicz, 47 F.3d 91 (3d Cir.1995), even if we were disposed to imply a cause of action ..., we could not imply a waiver of sovereign immunity with respect to that cause of action without running afoul of the well-established

Michael Robinson v. Hartzell Propeller, Inc.

454 F.3d 163 · Court of Appeals for the Third Circuit · Jul 6, 2006

Forsyth, 472 U.S. 511, 525-26 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (concluding in the qualified immunity context that an "essential attribute" of freedom from suit for past conduct that did not violate a clearly established … public official has not violated a clearly established right.

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

Celeste R. Deary, in No. 83-3408 v. Three Un-Named Police Officers, John Doe, Richard Roe & Jone Snow Department of Public Safety, F.B.I. Agent Ray Patton, & Govt. Of the V.I., Celeste R. Deary, in No. 83-3408 v. United States of America. Celeste R. Deary v. Three Un-Named Police Officers, John Doe, Richard Roe & Jone Snow Department of Public Safety, F.B.I. Agent Ray Patton, & Govt. Of the V.I. Appeal of Government of the Virgin Islands, in 83-3409

746 F.2d 185 · Court of Appeals for the Third Circuit · Nov 8, 1984

immunity because the determination of probable cause, which is a necessary predicate to the qualified immunity determination, was for the jury on the record of this case. 3 However, we conclude that Deary's failure to comply … Based on these findings, the judge reasoned that all five defendants were protected by qualified immunity under Harlow v.

Leroy Thompson v. Parole Supervisor Burke, Pennsylvania Parole Board Member Jefferson, and Parole Agent Strickler

556 F.2d 231 · Court of Appeals for the Third Circuit · Jun 1, 1977

Strickland as a ‘decision on the scope of the qualified immunity possessed by state officials . . ..’ 422 U.S. at 577, 95 S.Ct. at 2494. … See, for example, the award of qualified immunity for executive and administrative officers, Scheuer v. Rhodes, supra; absolute immunity for judges, qualified immunity for policemen, Pierson v.

In Re Flonase Antitrust Litigation

879 F.3d 61 · Court of Appeals for the Third Circuit · Dec 22, 2017

Because of this ambiguity, the Supreme Court has established a rule to determine whether a settlement agreement carries the force of federal law and has held that a settlement agreement becomes enforceable federal law when … In light of College Savings Bank and Lapides, Louisiana did not clearly indicate its intent to waive its sovereign immunity in the primary suit. It received a CAFA notice.

Parker v. Lehigh County Domestic Relation Court

621 F. App'x 125 · Court of Appeals for the Third Circuit · Jul 29, 2015

Whether these activities were on behalf of the court or part of the prosecution of Parker’s child-support cases, she is eligible at least for qualified immunity. See Buckley v. … Public officials are qualifiedly immune from damages liability for “the performance of their discretionary functions when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Keystone Redevelpment Partners v. Jeffrey Coy

Court of Appeals for the Third Circuit · Jan 7, 2011

I believe that we should have decided this case on the ground of qualified immunity and held that the Board members did not deprive Keystone of a clearly-established constitutional right. … clearly established statutory or constitutional rights of which a reasonable person would have known.”

Black v. Bayer

672 F.2d 309 · Court of Appeals for the Third Circuit · Feb 8, 1982

Appellants argue that court-appointed counsel should be required to meet the test of qualified immunity. … MacDonald, 596 F.2d 1072 (1st Cir. 1979); 8 or if the factual representations are properly controverted, qualified immunity must be established as a defense by evidence presented at trial. See Skehan v.

Scott v. Beard

252 F. App'x 491 · Court of Appeals for the Third Circuit · Oct 30, 2007

Finally, the District Court ruled that the defendants were entitled to qualified immunity on the RLUIPA claim for damages. We exercise plenary review over a District Court’s grant of summary judgment. … DISCUSSION Scott argues that the defendants were not entitled to qualified immunity. However, we need not reach that issue to decide the case.

League of Women Voters of Penn v. Commonwealth of Pennsylvania

921 F.3d 378 · Court of Appeals for the Third Circuit · Apr 24, 2019

NASCO, Inc., 5 In addition, plaintiffs’ analogy fails because the standard for imposing fees under § 1447(c) is not coextensive with the standard for defeating qualified immunity. … An official is not entitled to qualified immunity if the official violates a “clearly established” right; § 1447(c) fees are available if there is no “objectively reasonable” basis for removal.

Frank Bines v. N. Kulaylat

215 F.3d 381 · Court of Appeals for the Third Circuit · Jun 12, 2000

He also asks us to determine in the first instance whether he is entitled to qualified immunity. II. Discussion A. … The Qualified-Immunity Claim 18 In addition to seeking interlocutory review of his good-faith defense, Kulaylat also invites us to consider his claim to qualified immunity.

Blanche Road Corporation v. Bensalem Township

57 F.3d 253 · Court of Appeals for the Third Circuit · Jun 21, 1995

immunity. … exceed the scope of qualified immunity.

Delaney v. Capone

642 F.2d 57 · Court of Appeals for the Third Circuit · Feb 27, 1981

Moreover, the court found that the defendant officials had established their claim to qualified immunity. … We conclude that the district court’s findings of fact are not clearly erroneous, and we perceive no reversible error in its rulings of law. Accordingly, the judgment in favor of the defendants will be affirmed.