Case law

United States v. Steven L. Parson

955 F.2d 858 · Court of Appeals for the Third Circuit · Jan 31, 1992

Thus finding that Parson had two qualifying predicate crimes, the court classified Parson as a career offender. … For example, subsection 994(d)(10) generally directs the Commission to take criminal history into account in establishing its guidelines.

Patrick Thomson v. Luke Drummond

Court of Appeals for the Third Circuit · Nov 15, 2017

Specifically, Plaintiff’s submissions failed to establish this Court’s jurisdiction over his claims in light of the doctrines of ripeness, qualified immunity, and immunity under the Eleventh Amendment … Pennsylvania, 302 F.3d 161, 168 (3d Cir. 2002); qualified immunity, which is an affirmative defense a defendant may invoke based upon his objectively reasonable belief that his actions were lawful based on the established

United States v. Khaled Miah

Court of Appeals for the Third Circuit · Oct 18, 2024

Prior to trial, Miah moved to dismiss Counts Two, Three, Five and Seven of the indictment, claiming that the December 2020 tweets did not qualify as threats to injure the agents or as “true threats” under First Amendment … When assessing the district court’s application of the Guidelines to a particular set of facts and if “th[ose] facts ‘fit’ within what the Guidelines prescribe,” we apply the deferential clearly erroneous standard of review

Holmes v. McGuigan

184 F. App'x 149 · Court of Appeals for the Third Circuit · Jun 20, 2006

any type of wrist problems, have you ever had any difficulties with your wrist prior to this 1 In light of our analysis, we need not address McGuigan’s alternative argument that he is entitled to qualified … immunity because Holmes’ constitutional right was not “clearly established.”

Weiss v. York Hospital

745 F.2d 786 · Court of Appeals for the Third Circuit · Sep 27, 1984

Thus the referring D.O. lost the patient not just for purposes of the immediate treatment at York, but for purposes of *795 subsequent medical care which the D.O. was qualified to provide. 10 Additionally, the evidence established … This conclusion is not clearly erroneous. Cf. Zenith Radio Corp. v.

Robert Wood Johnson University Hospital, a Non-Profit Corporation v. Tommy G. Thompson, United States Department of Health and Human Services

297 F.3d 273 · Court of Appeals for the Third Circuit · Jul 12, 2002

Reclassifica-tions are temporary, and hospitals that qualify must apply every three years. § 1395ww(d)(10)(D)(v). 1 Congress established the Medicare Geographic Classification Review Board (MGCRB) to pass upon applications … Having qualified in previous years for reclassification to the New York City MSA, the Hospital sought reclassification again for FFY 2002.

Lechelle Brown v. School District of Philadelphi

456 F. App'x 88 · Court of Appeals for the Third Circuit · Sep 20, 2011

In that case, a man 6 The Court concluded that Mantell was entitled to qualified immunity because Brown could not show that he violated her constitutional rights, given the lack of any affirmative action. … We held that the § 1983 claim could survive summary 9 judgment against some of the defendants, over their assertions of qualified immunity, because “state officials may [not

Beaconwear Clothing Company, a Partnership Composed of Lawrence R. Nasher, and Joseph S. Nasher, Copartners, to the Use and Benefit of the Amalgamated Bank of New York v. The United States. The Amalgamated Bank of New York, Third-Party v. The United States. Joseph Spiotta, T/a Spiotta & Co., Third-Party v. The United States

355 F.2d 583 · Court of Appeals for the Third Circuit · Jan 21, 1966

Contrary to the allegations contained in Spiotta's third-party petition and plaintiff's third amended petition, the record clearly establishes that Spiotta was not a bank or authorized financial institution within the meaning … It cannot therefore claim immunity from the broad prohibition of the statute on this ground.

Nolvert P. SCOTT, Jr., Appellant, Etc. v. the UNIVERSITY OF DELAWARE Et Al.

601 F.2d 76 · Court of Appeals for the Third Circuit · Jun 6, 1979

Dinan, 465 F.2d 1298, 1302 (3d Cir. 1972) (clearly erroneous standard or review of factfindings in non-jury civil cases). … Nor is our case one in which the interests of the named representative merely diverge from, but do not clearly conflict with, those of unnamed class members.

Jeffrey Roger Mims, John James Keen, Edward X. Sistrunk, Glenn X. Jordan, Fred Burton, Vivian Richbourg, David Scoggins, Frank Patterson, Clifford Futch, All Prisoners at the State Correctional Institution at Pittsburgh, Pennsylvania (Hereinafter Referred to as S.C.I. Pgh.)--All Who Were or Are Presently Confined to the Behavioral Adjustment Unit, [Hereinafter Known as the b.a.u.), on Behalf of Themselves and All Those Similarly Situated in the B.A.U. v. Milton Shapp, Governor of the Commonwealth of Pennsylvania, Israel Packel, Attorney General for the Commonwealth of Pennsylvania, Stewart Werner, Commissioner of the Bureau of Corrections for the Commonwealth of Pennsylvania, James Howard, Warden of the State Correctional Institution at Pittsburgh, Charles Zimmerman, Deputy Warden of the State Correctional Institution at Pittsburgh, William Jennings, Deputy Warden of the State Correctional Institution at Pittsburgh, Lawrence Weyandt, Major of the Guards at the State Correctional Institution at Pittsburgh, Pennsylvania, John Jasak, Captain of the Guards at the State Correctional Institution at Pittsburgh, Pennsylvania, David Young, Casework Supervisor at the State Correctional Institution at Pittsburgh, Pennsylvania, Charles Kozakiewcz, Lieutenant of the Guards of the State Correctional Institution at Pgh. In Charge of Prison Security, James Robles, Sergeant of the Guards of the Sci Pgh. In Charge of the B.A.U., Sergeant Caruthers, Sergeant of the Guards of the Sci Pgh. In Charge of the B.A.U., Their Agents, Subordinates and Employees. Frederick Burton v. William B. Robinson, Individually and in His Official Capacity as Commissioner of Corrections of the Commonwealth of Pennsylvania, Together With His Agents and Successors in Interest Stewart Werner, Individually and in His Former Official Capacity as Commissioner of Corrections of the Commonwealth of Pennsylvania, Robert L. Johnson, Individually and in His Former Official Capacity as Superintendent of the State Correctional Institution at Graterford, Graterford, Pennsylvania, Julius T. Cuyler, Individually and in His Official Capacity as Superintendent of the State Correctional Institution at Graterford, Together With His Agents and Successors in Interest Joseph Brierly and Gilbert A. Walters, Individually and in Their Former Official Capacities as Superintendent of the State Correctional Institution at Pittsburgh, Pittsburgh, Pennsylvania, and James E. Howard, Individually and in His Official Capacity as Superintendent of the State Correctional Institution at Pittsburgh, Together With His Agents and Successors in Interest. Appeal of Milton Shapp, Governor of the Commonwealth of Pennsylvania

744 F.2d 946 · Court of Appeals for the Third Circuit · Oct 12, 1984

executive immunity; and (3) if they are not so protected, then the damage award is error because the district court failed to find that plaintiff's confinement was unjustified and it wrongly assessed liability from January … As the Hewitt Court stated, the Pennsylvania regulations which establish administrative segregation also establish "a protected liberty interest [in the inmates] in remaining in the general prison population." Id.

Interfaith Community Organization v. Honeywell International, Inc.

399 F.3d 248 · Court of Appeals for the Third Circuit · Feb 18, 2005

As we will discuss below, these findings are not clearly erroneous. … established wrong.

United States v. Jabar Evans

Court of Appeals for the Third Circuit · May 19, 2026

A gun magazine fell out when the ceiling tile was pushed, establishing that the space contained the evidence sought. … First, it must be established “that the evidence in question [was] within the [offending] party’s control.” Brewer, 72 F.3d at 334.

Guillory v. Domtar Industries Inc.

95 F.3d 1320 · Court of Appeals for the Third Circuit · Sep 27, 1996

At best, Deere's evidence establishes negligence. … Similarly, Deere asserts that the jury was clearly erroneous in failing to find Guillory contributorily negligent. 49 First, Deere claims that because Guillory and his co-workers qualify as sophisticated users of the forklift

O'leary, Robert and O'leary, Patricia, H/w v. Liberty Mutual Insurance Co.

923 F.2d 1062 · Court of Appeals for the Third Circuit · Jan 22, 1991

In its answer to O’Leary’s petition, Liberty Mutual asserted that it was immune from liability to provide underinsured motorist benefits because, under Pennsylvania law, workmen’s compensation is the exclusive remedy available … In the present action, a variety of witnesses and documents would no doubt have been necessary to establish the amount payable to the O’Learys under the policy.

George W. Henglein v. Colt Industries Operating Corporation

260 F.3d 201 · Court of Appeals for the Third Circuit · Aug 10, 2001

They establish that Crucible established a benefits plan in 1968 which it published and distributed to its employees. … VIII. 78 The case will be remanded so that the District Court may award benefits due for those employees who qualify under the six year statute of limitations.

Mark W. Heckman v. The Federal Press Company, Allen Bradley Company C/o Corporation Trust Company v. Clark Equipment Company, Brown Trailer Division

587 F.2d 612 · Court of Appeals for the Third Circuit · Jan 3, 1979

In any event, the evidence here would not have qualified under either of those eases. … Expectancy or statistical data about a group do not establish concrete facts about an individual.

Michael Rinaldi v. United States

Court of Appeals for the Third Circuit · Oct 25, 2024

The District Court allowed the Eighth Amendment claim to proceed against some defendants but granted others qualified immunity. … Haugen,16 whether a carveout from the discretionary-function exception to the sovereign-immunity waiver applies to his claim.

Internal Revenue Service v. Subranni

994 F.2d 1069 · Court of Appeals for the Third Circuit · Jun 7, 1993

After cross-motions for summary judgment, the bankruptcy court held that the FCC license did not qualify as property or an interest in property to which a tax lien could attach under section 6321 of the IRS Code. 1 Accordingly … to property,’ appearing in § 6321 ... is broad and reveals on its face that Congress meant to reach every interest in property that a taxpayer. might have.”). 2 It is well settled that federal tax liens reach interests immune

United States v. Zaida Rodriguez

961 F.2d 1089 · Court of Appeals for the Third Circuit · Apr 17, 1992

We certainly cannot say that the latter choice is so clearly preferable that Congress must have selected that option. … that she possessed it within a thousand feet of the school, or the Government hasn’t established possession at all.”

Makashi v. Attorney General of the United States

336 F. App'x 276 · Court of Appeals for the Third Circuit · Jul 14, 2009

The BIA affirmed the IJ’s decision, concluding that the IJ’s determination that Makashi was not credible was not clearly erroneous, because the discrepancy between Dr. … Even if an asylum applicant does not show that he suffered from past persecution, he may still qualify for asylum if he shows that he has a well-founded fear of future persecution on account of a protected ground.