Case law

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.

Gibson v. Lynch

652 F.2d 348 · Court of Appeals for the Third Circuit · Jun 26, 1981

The district court found that the defendant prison officials were not entitled to a “qualified good faith immunity defense” under the rule established in Procu-nier v. … Because I believe that Gibson’s constitutionally protected liberty interests were not clearly established in 1977, I would reverse the Magistrate’s refusal to extend good faith immunity to Hilton. B.

Gibson v. Lynch

652 F.2d 348 · Court of Appeals for the Third Circuit · Nov 3, 1981

The district court found that the defendant prison officials were not entitled to a "qualified good faith immunity defense" under the rule established in Procunier v. … Because I believe that Gibson's constitutionally protected liberty interests were not clearly established in 1977, I would reverse the Magistrate's refusal to extend good faith immunity to Hilton. B.

Christy v. Pennsylvania Turnpike Commission

54 F.3d 1140 · Court of Appeals for the Third Circuit · Jul 13, 1995

. ----, ---- - ----, 113 S.Ct. 684, 687-89 , 121 L.Ed.2d 605 (1993) (Eleventh Amendment immunity); footnote 4, infra (qualified immunity). … their motions for summary judgment based on qualified immunity.

Blackhawk v. Pennsylvania

381 F.3d 202 · Court of Appeals for the Third Circuit · Aug 20, 2004

Smith did not explain qualified immunity. … Moreover, our decisions on violation is entitled to qualified immunity March 3 and 4, 1999, in Fraternal Order of if a reasonable officer could have believed Police and Adams could have reasonably that

Phillips v. County of Allegheny

515 F.3d 224 · Court of Appeals for the Third Circuit · Feb 5, 2008

Although it is important to resolve qualified immunity questions at the earliest possible stages of litigation, the importance of resolving qualified immunity questions early "is in tension with the reality that factual disputes … A decision as to qualified immunity is "premature when there are unresolved disputes of historical facts relevant to the immunity analysis.” Id. at 278 .

Pellegrino v. U.S. Transp. SEC. Admin.

896 F.3d 207 · Court of Appeals for the Third Circuit · Jul 11, 2018

immunity for a subset of intentional torts committed by employees who qualify as "investigative or law enforcement officers." 28 U.S.C. § 2680 (h). … The District Court denied the TSO's qualified immunity defense to the Bivens claim, and the TSO appealed. Id. at 196 .

Hill v. Kutztown

Court of Appeals for the Third Circuit · Jul 26, 2006

“[G]overnment 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.

McDowell v. Sheerer

374 F. App'x 288 · Court of Appeals for the Third Circuit · Mar 24, 2010

Government officials are protected by the doctrine of qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … was clearly established at the time the officer acted.

Edelstein v. Wilentz

812 F.2d 128 · Court of Appeals for the Third Circuit · Mar 31, 1987

He contends, however, that the Rule does not further this purpose. 18 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 … 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 .

Melo v. Hafer

13 F.3d 736 · Court of Appeals for the Third Circuit · Feb 15, 1994

immunity, absolute prosecutorial immunity, and qualified official immunity. … Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987), where Anderson, an FBI agent, claimed qualified official immunity from damage liability on an alleged constitutional tort: 42 The principles of qualified immunity

David Sattazahn v. Secretary Pennsylvania Dept

Court of Appeals for the Third Circuit · May 26, 2023

This reasoning is contrary to Brady, which is clearly established federal law. See Dennis, 834 F.3d at 293. Sattazahn knew he had an argument with Hammer about the robbery. … We have not held that the Supreme Court’s precedent constitutes clearly established federal law with respect to this question. See id.

Nicini v. Morra

212 F.3d 798 · Court of Appeals for the Third Circuit · May 19, 2000

The court held that Cyrus was not entitled to Eleventh Amendment immunity and denied his requests for absolute and qualified immunity on the section 1983 claim. … violation and that his state law claims were barred by qualified immunity under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq.

No. 91-5669

967 F.2d 929 · Court of Appeals for the Third Circuit · Jun 29, 1992

the same official acknowledges that at least some of the plaintiff's allegations do make out violations of clearly established law." … Fitzgerald, a defendant entitled to qualified immunity is immune unless the challenged actions violated clearly established law. This is a question of law.

Brown v. Rinehart

325 F. App'x 47 · Court of Appeals for the Third Circuit · Apr 30, 2009

Defendants also argued that defendant Rinehart was entitled to qualified immunity. Brown provided no specific factual evidence to dispute defendants’ assertions. … established at the time the violation occurred.

Peter Bistrian v. Troy Levi

696 F.3d 352 · Court of Appeals for the Third Circuit · Sep 24, 2012

They also argue that they are entitled to qualified immunity because some of the alleged misconduct does not involve the violation of clearly established constitutional rights. … Thus, to overcome the assertion of qualified immunity at the motion to dismiss stage, a plaintiff must sufficiently plead not only a violation of a constitutional or statutory right, but also a violation of a clearly established

Smith v. Borough of Dunmore

633 F.3d 176 · Court of Appeals for the Third Circuit · Jan 5, 2011

That argument takes too narrow a view of the immunity. The fact that a statement is untrue cannot be a basis for exempting it from an immunity for defamation, as such an exception would swallow the immunity whole. … There, a borough 7 Borough council members qualify as high public officials for purposes of this immunity. See, e.g., Osiris Enters. v. Borough of Whitehall, 877 A.2d 560, 567 (Pa. Commw.

Donivan v. Dallastown Borough

835 F.2d 486 · Court of Appeals for the Third Circuit · Dec 15, 1987

Likewise we have described case law which clearly outlines that in order for immunity to attach, the action must be legislative in nature. See Abraham, supra. … P. 4(a), concerning appeals of civil cases as a right, a motion for reconsideration qualifies as a motion under 59(e). First Jersey National Bank v.

Walker-Serrano v. Leonard

325 F.3d 412 · Court of Appeals for the Third Circuit · Apr 16, 2003

The record as a whole clearly demonstrates that no Constitutional violation occurred. *422 Finally, I note my agreement with the District Court’s ruling that, in any event, the defendants in their individual capacities are … entitled to qualified immunity; that Mr.

Delores Simmons, Administratrix of the Estate of Daniel La Friscoe Simmons v. The City of Philadelphia Police Officer A. Panati, Badge No. 2587

947 F.2d 1042 · Court of Appeals for the Third Circuit · Nov 21, 1991

Although the merits of the City’s argument that the PSTCA overrides a municipal waiver of immunity are far from certain, see supra at 1083-84, Skibo clearly stands for the proposition that an argument raising immunity under … Rellergert was a qualified immunity appeal concerning whether the evidence was sufficient to establish the deliberate indifference of individual police officers.