Case law

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

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.

Schneyder v. Smith

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)). … Absent such proof, we concluded, the prosecutors were “acting merely as . . . custodian[s] of evidence” and could claim only qualified immunity.

Yeager's Fuel, Inc. v. Pennsylvania Power & Light Co.

22 F.3d 1260 · Court of Appeals for the Third Circuit · Jun 6, 1994

Although the case was decided before the Court clearly delineated its two-pronged test for state action immunity, the Cantor Court in essence ruled that Michigan had not clearly articulated a policy encompassing the light … Because of the “negative option” method in which the rates were “approved,” the Court held that the title insurance ratesetting in question was not actively supervised and thus did not qualify for state action immunity.

Odd v. Malone

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)). … Absent such proof, we concluded, the prosecutors were “acting merely as . . . custodian[s] of evidence” and could claim only qualified immunity.

Jordan Dongarra v. D. Smith

27 F.4th 174 · Court of Appeals for the Third Circuit · Mar 1, 2022

And that makes it harder for plaintiffs to defeat qualified immunity by showing that a right is “clearly established.” See Carroll v. Carman, 574 U.S. 13, 16 (2014) (per curiam). … For instance, a valid claim can be blocked by sovereign or qualified immunity. So too here.

Tolchin v. Supreme Court of New Jersey

111 F.3d 1099 · Court of Appeals for the Third Circuit · May 2, 1997

The Supreme Court has recognized the practice of law as a privilege under the Privileges and Immunities Clause, “and that a nonresident who passes a state bar examination and otherwise qualifies for practice has an interest … This rule provided that before an otherwise qualified attorney could be admitted, that attorney must establish that he or she resides and intends to continue residing in the Virgin Islands.

Waldorf v. Shuta

896 F.2d 723 · Court of Appeals for the Third Circuit · Feb 7, 1990

Waldorf challenges the Borough’s claim that the district court erred in failing to recognize its immunity. He argues that in order to qualify for immunity under N.J. … Waldorf argued in his brief that the Borough’s actions regarding the installation of the traffic light failed to qualify for plan or design immunity under section 59:4-6 of the Act. He cited Thompson v.

W.B., Parent of the Minor, E.J., on Her Own Behalf and on Behalf of Her Son, E.J. v. Joan Matula Mary Angela Engelhardt Judy Beach Catherine Brennan Patricia Cericola Dr. Gary Danielson Ann Pearce Kathleen Mahony Carol Burns Florence Noctor Dr. Jeffrey Osowski New Jersey State Board of Education Warren County Department of Education Mary Lou Varley Mansfield Board of Education State of New Jersey Department of Education Division of Special Education Employees of the Mansfield Township Board of Education

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.

Baraka v. McGreevey

481 F.3d 187 · Court of Appeals for the Third Circuit · Mar 21, 2007

But this view disregards modern jurisprudence and, most strikingly, undercuts the Supreme Court’s recent guidance on the issue, in Bogan , clearly extending absolute legislative immunity to a non-legislator public official … That principle applies even if a party is clearly entitled to compensation.”).

Rappa v. New Castle County

18 F.3d 1043 · Court of Appeals for the Third Circuit · Mar 11, 1994

QUALIFIED IMMUNITY.1077 A. Qualified Immunity of Defendant Justice.1077 B. Qualified Immunity of the Individual County Defendants.1078 X. CONCLUSION.1079 *1047 Before: BECKER, ALITO and GARTH, Circuit Judges. … In evaluating a claim of qualified immunity, the court considers whether the official’s conduct “violated clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Phyllis Carver Thomas Fox April Moore Roberta Rudolph v. Tom Foerster, an Individual and Chairman, Allegheny County Commissioners County of Allegheny

102 F.3d 96 · Court of Appeals for the Third Circuit · Dec 12, 1996

Foerster also claimed qualified immunity for his actions as a member of the Salary Board. … Thus, neither doctrine of immunity supported the City’s claim of qualified immunity under § 1983. The Supreme Court further increased municipal exposure to liability in Pembaur v.

Croft v. Westmoreland County Children and Youth Services

103 F.3d 1123 · Court of Appeals for the Third Circuit · Jan 6, 1997

They argued that defendant Danovsky was entitled to qualified immunity for her actions and that the county and WCCYS enjoyed municipal immunity from the charges. … SCAN Volunteer Services, Inc., 85 F.3d 1365, 1371 (8th Cir.1996) (holding child care worker entitled to qualified immunity in § 1983 action where he or she removes child on reasonable suspicion of child abuse); cf. 42 Pa.

Fialkowski v. Greenwich Home for Children, Inc.

921 F.2d 459 · Court of Appeals for the Third Circuit · Dec 6, 1990

In light of this statutory scheme, the district court was clearly correct in concluding that the Fialkowskis could not establish that Northeast was grossly negligent in performing its duties as a BSU. … The denial of the individual defendants’ motion for summary judgment based on qualified immunity was appealed to this court prior to the decision in DeShaney .

Sylvia Ernst, in No. 93-1929 v. Child and Youth Services of Chester County Carol Schravazande Arden Olson Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. (Amended as Per the Court's 5/31/96 Order). Sylvia Ernst v. Child and Youth Services of Chester County Carol Schravazande Arden Olson, Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. Rita K. Borzillo, in No. 93-1930. (Amended as Per the Court's 5/31/96 Order). Sylvia Ernst v. Child and Youth Services of Chester County Carol Shravazande Arden Olson, Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. Rita K. Borzillo, Esq., (Amended as Per the Court's 5/31/96 Order)

108 F.3d 486 · Court of Appeals for the Third Circuit · Mar 12, 1997

Ernst does not argue on appeal that this finding was clearly erroneous. … Tunnell, 920 F.2d 673 (10th Cir.1990) (holding that pre-adjudicatory investigative activities by child welfare workers are entitled only to qualified immunity); Achterhof v.

Edelstein v. Wilentz

812 F.2d 128 · Court of Appeals for the Third Circuit · Feb 26, 1987

Edelstein argues, as did the minority of the New Jersey Supreme Court, that the qualified immunity granted complainants by N.J.S.A. 2A:47A-1 adequately serves the public interest. … In fact, the dissenting Justices described the choice between absolute and qualified immunity as “com[ing] down, plainly and simply, to a judgment call.” Hearing on Immunity, 96 N.J. at 680 , 477 A.2d at 344 .

B.S. Ex Rel. T.S. v. Somerset County

704 F.3d 250 · Court of Appeals for the Third Circuit · Jan 8, 2013

They further contend that, in any event, Eller and Barth cannot be liable because they are entitled to absolute or qualified immunity for all claims against them. … immunity meets a “heavy burden of establishing entitlement” to it.

Lawrence R. Alberti v. The Sheriff of Harris County, Texas, Defendants-Third Party v. Ann Richards, the Governor of the State of Texas, Defendants-Third Party in Re Governor Ann Richards, Lawrence R. Alberti v. The Sheriff of Harris County, Texas, Defendants-Third Party Appellees-Cross v. Ann Richards, the Governor of Texas, Third Party Appellants-Cross Lawrence R. Alberti v. The Sheriff of Harris County, Defendants-Third Party v. Ann Richards, the Governor of Texas, Defendants-Third Party

978 F.2d 893 · Court of Appeals for the Third Circuit · Nov 20, 1992

The state relies upon principles of qualified immunity under Harlow v. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), and its requirement that the law be "clearly established at the time an action occurred."

Richard M. Lippay v. Dean C. Christos Commonwealth of Pa. Dean C. Christos

996 F.2d 1490 · Court of Appeals for the Third Circuit · Jun 2, 1993

Qualified Immunity Finally, Christos argues that the district court erred in refusing to permit the jury to consider his qualified immunity defense. … “Generally, government officials performing discretionary functions enjoy qualified immunity from civil damages when their conduct Idoes not violate clearly established statutory or constitutional rights of which a reasonable

Martinez v. Schrock

537 F.2d 765 · Court of Appeals for the Third Circuit · Jun 25, 1976

not officials entitled to absolute immunity under Barr or subsequent cases. 1 Defendants are clearly not policy making executive officials like the agency head in Barr, and thus are not shielded by an absolute immunity. … Such actions are considered governmental in nature and, as such, give rise to a qualified immunity.