Case law

We, Inc. v. City of Philadelphia

174 F.3d 322 · Court of Appeals for the Third Circuit · Apr 1, 1999

It likens Noerr-Pennington immunity to the absolute and qualified immunity enjoyed by public officials, the denial of which is immediately appealable under that doctrine. See Mitchell v. … Forsyth that an "essential attribute" of qualified immunity is "an entitlement not to stand trial under certain circumstances," and thus qualified immunity entails "an immunity from suit rather than a mere defense to liability

Communication Workers of America, Afl-Cio, District 13, Communication Workers of America, Afl-Cio, and District 3, Communication Workers of America, Afl-Cio v. American Telephone and Telegraph Company, Honorable Louis C. Bechtle, United States District Judge for the Eastern District of Pennsylvania, Nominal Communication Workers of America, Afl-Cio, District 13, Communication Workers of America, Afl-Cio, and District 3, Communication Workers of America, Afl-Cio v. American Telephone and Telegraph Company

932 F.2d 199 · Court of Appeals for the Third Circuit · May 24, 1991

This court on appeal held that the denial of qualified immunity was not appealable under the collateral order doctrine, and that Mitchell should wait final judgment to appeal. … The Supreme Court reversed, holding that the qualified immunity which Mitchell asserted was an "immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is

Bounds v. Taylor

77 F. App'x 99 · Court of Appeals for the Third Circuit · Sep 18, 2003

We also have plenary review of the question of law whether the asserted federal right was clearly established, which arises on the qualified immunity issue. See Elder v. … Qualified Immunity In rejecting Appellants’ claim of qualified immunity, the District Court looked to Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), for the appropriate analysis.

The 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

Whack v. Peabody & Wind Engineering Co.

595 F.2d 190 · Court of Appeals for the Third Circuit · Apr 3, 1979

The trial judge determined that plaintiff, as a minority worker who had been dismissed from a job for which he was ostensibly qualified, had established a prima facie case of racial discrimination under the rules established … erroneous on the facts, or uncongenial to previously enunciated legal standards. 10 Whack has successfully established that he is a minority worker discharged from a job for which he was allegedly qualified.

O'Donnell v. Simon

362 F. App'x 300 · Court of Appeals for the Third Circuit · Jan 28, 2010

Simon and Barry contend that they are shielded by qualified immunity. … “[Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable person would have known.”

Jorden v. National Guard Bureau

799 F.2d 99 · Court of Appeals for the Third Circuit · Aug 27, 1986

Under the circumstances, Chap-pell clearly bars a § 1983 damages action. 12 III. … As previously discussed, immunity to section 1983 liability is founded in Congress’ presumed adoption of immunities that were established at common law.

Frank S. Waits v. Hon. Raymond McGowan A. J. S. C., Monmouth County

516 F.2d 203 · Court of Appeals for the Third Circuit · Apr 30, 1975

The Office of Public Defender of the State of New Jersey is established under N.J.S.A. 2A:158A — 1 et seq. 3 . … “Implicit in the idea that officials have some immunity — absolute or qualified — for their acts, is a recognition that they may err.

Donivan v. Dallastown Borough

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

A borough's establishment of a police department is authorized by 53 Pa.S.A. … 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.

O'Donnell v. Simon

362 F. App'x 300 · Court of Appeals for the Third Circuit · Jan 28, 2010

Simon and Barry contend that they are shielded by qualified immunity. … “[Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable person would have known.”

Communication Workers v. American Telephone & Telegraph Co.

932 F.2d 199 · Court of Appeals for the Third Circuit · Apr 29, 1991

This court on appeal held that the denial of qualified immunity was not appealable under the collateral order doctrine, and that *206 Mitchell should wait final judgment to appeal. … The Supreme Court reversed, holding that the qualified immunity which Mitchell asserted was an “immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is

United States v. LaMonica McIver

Court of Appeals for the Third Circuit · Aug 26, 2026

Brandhove, 341 U.S. 367, 376 (1951)). 3  Some acts entitled to immunity will be easy to identify because they are “so clearly legislative in nature that no further examination has … Cir. 1976); see also Lee, 775 F.2d at 522 (holding that a legislator’s “conversations” and “meetings” with officials qualify for immunity whenever they “involve[] legislative fact- finding”).

United States v. Santtini

963 F.2d 585 · Court of Appeals for the Third Circuit · May 8, 1992

interests which countervail against a grant of immunity.” … If Smith has any application in this case, clearly only its discussion concerning judicially fashioned immunity concerns us because there has been no showing that the government’s interest in arresting Boris Conde is the

Porcelli v. Titus

431 F.2d 1254 · Court of Appeals for the Third Circuit · Sep 23, 1970

May 28, 1968, the defendant, Superintendent of Schools in the City of Newark Franklyn Titus, acting under color of law for the Newark School System, subjected the plaintiffs to deprivation of their rights, privileges or immunities … and all positions hereafter created in new categories not existing shall be adequately publicized in every school at least sixty (60) days before the appointment is made and the qualifications for the positions shall be clearly

Kelly Laverdure v. County of Montgomery Michael D. Marino

324 F.3d 123 · Court of Appeals for the Third Circuit · Apr 2, 2003

It is undisputed that only a majority of the three-member Board is authorized to establish policy on behalf of the County. 16 Pa. Cons.Stat. § 504. … Borough of Schuylkill Haven, 12 F.Supp.2d 423, 442 (E.D.Pa.1998) (“We have no trouble finding that borough council members qualify as ‘high public officials’ for the purposes of immunity from defamation.”); Montgomery v.

United States v. Linette Perez, United States of America v. Juancho Alcantera, United States of America v. Edmundo Batoon

280 F.3d 318 · Court of Appeals for the Third Circuit · Feb 4, 2002

The Supreme Court did not answer directly the question presented by this case — whether probable cause exists if it was not clearly established that drugs were in the apartment. … Steele, 685 F.2d 793 -808 (3d Cir.1982) (judicial immunity properly denied where proposed immunized testimony would not have been “clearly exculpatory”); United States v.

Dotzel v. Ashbridge

Court of Appeals for the Third Circuit · Feb 14, 2006

Leavy, 322 F.3d 776, 785 (3d Cir. 2003). 6 have read the Court’s decisions to mean that “an order denying qualified or absolute immunity, to the extent that the order turns on an issue of … Most executive officers, by contrast, are entitled to only qualified immunity, under which they can be sued for acts which are clearly illegal – in other words, which a reasonable officer would have known were illegal.

Nicole Haberle v. Daniel Troxell

885 F.3d 170 · Court of Appeals for the Third Circuit · Mar 20, 2018

Before the District Court and again on appeal, Troxell argued that the "state-created danger" claim against him should be barred by qualified immunity. … The District Court did not address qualified immunity, and, given our disposition of the claim, neither do we.

Ticor Title Insurance Company v. Federal Trade Commission

922 F.2d 1122 · Court of Appeals for the Third Circuit · Mar 12, 1991

antitrust immunity. … Fox Co., 439 U.S. 96, 109 , 99 S.Ct. 403, 411 , 58 L.Ed.2d 361 (1978) (while California's Automobile Franchise Act evidenced no express intent to displace the antitrust laws, it nevertheless qualified for state action immunity

Henderson v. Fisher

631 F.2d 1115 · Court of Appeals for the Third Circuit · Aug 20, 1980

The handling of evidence is clearly within the sweep of “initiating and presenting the State’s case”, and the prosecutor is immune from Section 1983 liability for such decisions. Imbler v. … Therefore, the prosecutorial act is protected from § 1983 liability by qualified, not absolute, immunity. Forsyth v. Kleindienst, 599 F.2d 1203, 1211-16 (3d Cir. 1979). 16.