Case law

Ernesto Galarza v. Mark Szalczyk

745 F.3d 634 · Court of Appeals for the Third Circuit · Mar 4, 2014

immunity. … It also denied these officers’ motions to dismiss these claims on grounds of qualified immunity. Id. at *14-15 .

Tedford v. Hepting

990 F.2d 745 · Court of Appeals for the Third Circuit · Mar 31, 1993

The defendants filed a motion for summary judgment on the grounds of absolute and qualified immunity, and also filed a motion to stay all further proceedings until after the criminal appeal was decided. … ANALYSIS OF PLAINTIFF’S CLAIMS Throughout the proceedings in the district court, plaintiff was acting pro se, 2 but his pleadings clearly disclose the nature of his claims, and the relief he seeks.

Gibson v. Superintendent Of New Jersey Department Of Law And Public Safety-Division Of State Police

411 F.3d 427 · Court of Appeals for the Third Circuit · Jun 14, 2005

, prosecutorial immunity and qualified immunity. … Holtz, 210 F.3d 186 , 197 n. 14 (3d Cir.2000). 16 Because such a right was not clearly established in this Circuit at the time of Gibson's conviction, Troopers Pennypacker and Reilly are entitled to qualified immunity with

Emmanuel Mervilus v. Union County

73 F.4th 185 · Court of Appeals for the Third Circuit · Jul 13, 2023

Kaminskas Does Not Have Qualified Immunity. After holding Mervilus’s claim against Kaminskas failed, the District Court did not address qualified immunity. … Whetzel, 256 F.3d 120, 126 n.1 (3d Cir. 2001) (reaching qualified immunity on appeal from a decision that did not reach the issue); Est. of Smith v.

Stevenson v. Carroll

495 F.3d 62 · Court of Appeals for the Third Circuit · Jul 30, 2007

Warden Carroll asserts that he is entitled to qualified immunity on the grounds that even if the facts alleged show a violation of a constitutional right, that right was not clearly established. Saucier v. … We leave it to the District Court to consider qualified immunity on remand. V.

United States v. Rocco Frumento in Re Subpoena to Vito N. Pisciotta

552 F.2d 534 · Court of Appeals for the Third Circuit · Mar 18, 1977

Hence, the immunity statute properly permits prosecution for perjury committed in an otherwise immunized statement and also the introduction in evidence of so much of the statement as is essential to establishing the corpus … Kastigar establishes, therefore, that use and derivative use immunity under § 6002 is a satisfactory substitute for the guaranties of the Fifth Amendment.

United States v. County of Delaware

279 F.3d 219 · Court of Appeals for the Third Circuit · Jan 29, 2002

III. 8 Unless Congress clearly provides otherwise, a local governmental entity is immune from punitive damages awards. See City of Newport v. … from punitive damages and in enacting section 1983 Congress did not clearly manifest an intention to abrogate this common law immunity).

Dennis L. Blackhawk v. Commonwealth of Pennsylvania Pennsylvania Game Commission Vernon Ross, Director Thomas R. Littwin, Law Enf. Director Frederick Merluzzi, Enf. Officer Barry Hambley David E. Overcash, in Their Individual and Official Capacities Vernon Ross Thomas Littwin David E. Overcash, Dennis L. Blackhawk v. Commonwealth of Pennsylvania Pennsylvania Game Commission Vernon Ross, Director Thomas R. Littwin, Law Enf. Director Frederick Merluzzi, Enf. Officer Barry Hambley David E. Overcash, in Their Individual and Official Capacities

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

Nevertheless, the Court determined that all three remaining individual defendants were entitled to qualified immunity. 48 We hold that all of the defendants were entitled to qualified immunity, and we therefore affirm the … A government officer defendant sued for a constitutional violation is entitled to qualified immunity if a reasonable officer could have believed that the challenged conduct was lawful under the circumstances.

Patrick McGrogan v. Commissioner of Internal Reven

718 F.3d 216 · Court of Appeals for the Third Circuit · May 17, 2013

In light of the unambiguous statutory scheme established by Congress governing the adjudication of tax disputes and the firm sovereign immunity bar, Taxpayers‘ policy arguments are unpersuasive. See United States v. … The IRS then qualified the above statement: Ms.

No. 05-2361

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 … establish deprivation of liberty based on harm to reputation).

Gardner v. Bangerter

46 F.3d 1151 · Court of Appeals for the Third Circuit · Jan 12, 1995

Even if we assume that the Defendants were performing a discretionary rather than ministerial function in signing and enforcing a law, it is unmistakably clear that the Defendants are entitled to qualified immunity because … The Appellants have not even come close to carrying their burden of convincing the court that the Defendants violated a clearly established constitutional right of which a reasonable person would have known. Hilliard v.

Kovalev v. City of Philadelphia

362 F. App'x 330 · Court of Appeals for the Third Circuit · Jan 26, 2010

immunity, as Ko-valev failed to establish that any of them had violated a clearly established constitutional right in the performance of their jobs. … immunity.

Pennsylvania Environmental Council, Inc. v. Bartlett

454 F.2d 613 · Court of Appeals for the Third Circuit · Dec 1, 1971

That finding is not clearly erroneous. Fed.R.Civ.P. 52(a). IV. … and hence within the sovereign immunity.

Sarullo v. United States Postal Service

352 F.3d 789 · Court of Appeals for the Third Circuit · Dec 19, 2003

We therefore need not reach the question of qualified immunity discussed by the District Court. I. … Thereafter, however, the Court granted the remaining individual defendants’ motions for summary judgment based upon its conclusion that each was entitled to qualified immunity.

Csx Transportation, Inc. v. Kissimmee Utility Authority

153 F.3d 1283 · Court of Appeals for the Third Circuit · Sep 9, 1998

decision in Mitchell was based on the observation that qualified immunity, like Eleventh Amendment immunity, is immunity from suit or trial, not merely immunity from liability or damages. … Brantley, 941 F.2d 1146, 1152 (11th Cir.1991) (en banc), we decided that interlocutory appeal on qualified immunity grounds was still appropriate even when the defendant did not claim qualified immunity as a defense to all

Fialkowski v. Greenwich Home For Children, Inc.

921 F.2d 459 · Court of Appeals for the Third Circuit · Jan 3, 1991

Any failing on the part of Northeast clearly amounted to no more than simple negligence. … 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.

Sutton v. Rasheed

323 F.3d 236 · Court of Appeals for the Third Circuit · Mar 19, 2003

at all, and if so, proceed to determine whether that right was clearly established at the time of the alleged violation.'") … a religion protected under the First Amendment before holding that federal prison officials were shielded by qualified immunity); Horne v.

Lojeski v. Boandl

788 F.2d 196 · Court of Appeals for the Third Circuit · Apr 22, 1986

Appellees also assert that they enjoy either absolute immunity under Butz v. Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978), or qualified immunity under Harlow v. … Given our views of the other issues in the case, we need not reach the Bivens or qualified immunity issues. III. Ms.

Federal Insurance Company, Subrogee of Mutual Group, Ltd., N.R.G. America Holding Company D/B/A Philadelphia Reinsurance Company, N.R.G. American Holding Company D/B/A N.R.G. American Life, Wertheim Schroder & Co., Inc., Paine Webber Group, Inc., Goldman Sachs & Company, Scudder, Stevens & Clark, Inc., Pitcairn Private Bank, the Palmieri Company, 1838 Investment Advisors, Eastern Telelogic, Mark Goldman, as of the Estate of Herbert Goldman, Joseph Fillmore, Paul Marino, William Wall, Edward F. Mannino, Patricia J. Myers, Lewis Cohen, Jay Alchin, Mary Kenney, Richard Atcavage Vigilant Insurance Company, Subrogee of Edward F. Mannino & Associates, P.C., Bernard Heinzen, Philip Leicht, George Hundt, Joseph L. Pyle, Julian A. Brodsky, John Davison, Jr., Paul M. Yeakel Sun Insurance Office, Ltd., Subrogee of George M. Ross, Timothy Sennatt, Robert Allen, Thaddeus R. Shelly, Iii, Clarence A. McGowan Jr., Fielding Lamason, Glenn Partridge, William Thorkelson, Iii, William McCoy George Hawke, Kathleen MacGregor Brian Gibbons, Michael Satzburg the Continental Corporation, Subrogee of Bazelon & Less, Gregory Alexander, Esquire, Robert McLean Sharon McGeehan and Dennis Dean Aetna Life and Casualty Insurance Company, Subrogee of Prudential Insurance Company Pennsylvania Manufacturers' Association, Subrogee of M. Kowalchik and Associates West American Insurance Company, Subrogee of Elliott, Bray & Riley, P.C. Royal Insurance Company, Subrogee of Meridian Bancorp, Inc., Pegalis & Wachsman, P.C., Donald Goldberg, Esquire, the Royal Bank of Pennsylvania Usf & G Corporation, Subrogee of John Gerard Devlin, Esquire American Home Assurance Company, Subrogee of Barnes & Noble Bookstores, Inc. D/B/A B. Dalton Bookstore, Barnes & Noble Bookstores, Inc. D/B/A Barnes & Noble Book Store National Union Fire Insurance Co. Of Pittsburgh, Pennsylvania, Subrogee of Prudential Insurance Company Allianz International Insurance Company, Ltd., Subrogee of Goldman Sachs & Company Underwriters at Lloyd's of London, Subrogee of Prudential Insurance Company One World Trade Center Sun Insurance Company, Subrogee of U.S. Life Corporation Marine Indemnity Insurance Company, Subrogee of U.S. Life Corporation v. Richard I. Rubin & Co., Inc. E/r Associates Equitable Life Assurance Society of the United States USA One Associates USA One B v. USA Two B v. Rodin Investment Administration Company Algemeen Burgerlijk Pensioenfonds USA Holdings B v. Equitable Real Estate Investment Management, Inc. Jones Lange Wootton USA Pan American Office Investments, Inc. Balis & Co., Inc. Marsh & McLennan Companies, Inc. Nason and Cullen, Inc. American Building Maintenance Company of New York Penn Sprinkler Company, Inc. Delmont Fire Protection Service, Inc. National Guardian Security Services Corporation M & M Equipment Company Joseph F.X. Griffin Giacomini, S.P.A. Sheward Henderson Associates Beer Associates Buten, M. & Sons, Inc., T/a "Buten the Paint and Paper People" v. Halprin Supply Company, Inc. Sierra Fire Equipment Co. Underwriters Laboratories, Inc. Premier Industrial Corporation Task Force Tips, Inc. Maris Equipment Company the Energy Consortium, Inc. Honeywell, Inc. Pyrotrol Systems, Inc., Division of Potter Electric Signal Company Webster Automation Systems, Inc. John Ashe Associates, Inc. H.B. Frazer and Co., Inc. Mmr/foley Division of Matthews-Mccracken-Rutland Corp., Third-Party USA Holding Bv and Algemeen Burgerlijk Pensioenfonds, in No. 93-1157. In Re One Meridian Plaza Fire Litigation. Eight Cases. John M. Corcoran and C.W.D. Enterprises Ltd., D/B/A Chris' Cafe and Bar Ejay Travel, Inc., for Themselves and All Others Similarly Situated v. Richard I. Rubin & Co., Inc. E/r Associates, T/a One Meridian Plaza Equitable Life Assurance Society of the United States USA One Associates USA One B v. USA Two B v. Pan American Office Investments, Inc. Rodin Investment Administration Company Algemeen Burgerlijk Pensioenfonds Equitable Real Estate Investment Management, Inc. Aetna Casualty & Surety Company Aetna Life Insurance Company Jones Lange Wootton USA Balis & Co. Penn Sprinkler Company, Inc. Delmont Fire Protection Service, Inc. American Building Maintenance Company National Guardian Security Services, Corp. Joseph F.X. Griffin, Third-Party v. Halprin Supply Company, Inc. Sierra Fire Equipment Co., Rubinetterie A. Giacomini S.P.A. Underwriters Laboratories, Inc. Premier Industrial Corporation, T/a Akron Brass Company Task Force Tips, Inc. Maris Equipment Company the Energy Consortium, Inc. Honeywell, Inc. Pyrotrol Systems Inc., Division of Potter Electric Signal Company Webster Automation Systems, Inc. John Ashe Associates, Inc. H.B. Frazer and Co., Inc. Nason & Cullen, Inc. Sheward Henderson Mmr/foley Division of Matthews-Mccracken-Rutland Corp. Morris-Rospond Associates, Inc., A/K/A Morris Rospond Group And/or the Energy Consortium, Inc. M & M Equipment Company Tabor Acoustical, Inc. Oreland Sheetmetal, Inc., Third-Party Algemeen Burgerlijk Pensioenfonds, in No. 93-1474. Elliott & Bray, P.C. Nancy Dembowski Virginia L. Grandy T. Sean Crumlish Constitution Bancorp., N.A., for Themselves and All Others Similarly Situated v. Richard I. Rubin & Co., Inc. E/r Associates, T/a One Meridian Plaza the Equitable Life Assurance Society of the United States USA One Associates USA One B v. USA Two B v. Pan American Office Investments, Inc. Rodin Investment Administration Company Algemeen Burgerlijk Pensioenfonds Equitable Real Estate Investment Management, Inc. Aetna Casualty & Surety Company Aetna Life Insurance Company Jones Lange Wootton USA Balis & Co. Penn Sprinkler Company, Inc. Elmont Fire Protection Service, Inc. John Does 1 Through 77, (Defendants Whose Identities Are Currently Unknown to Plaintiffs). Algemeen Burgerlijk Pensioenfonds, in No. 93-1475. Louis J. Boundonna Robert Allen, on Behalf of Themselves and All Others Similarly Situated v. The Equitable Life Assurance Society of the United States E/r Associates, T/a One Meridian Plaza Algemeen Burgerlijk Pensioenfonds Penn Sprinkler Company, Inc. Richard I. Rubin & Co., Inc. Algemeen Burgerlijk Pensioenfonds, in No. 93-1476. Legxpress, Inc. Pennsylvania Square Corp. v. The Equitable Life Assurance Society of the United States E/r Associates, T/a One Meridian Plaza Algemeen Burgerlijk Pensioenfonds Richard I. Rubin & Co., Inc. Algemeen Burgerlijk Pensioenfonds, in No. 93-1477. Regent Inc. Of 15th Street D/B/A Giorgio Brutini, on Behalf of Itself and All Others Similarly Situated v. The Equitable Life Assurance Society of the United States E/r Associates, T/a One Meridian Plaza Algemeen Burgerlijk Pensioenfonds Penn Sprinkler Company, Inc. Richard I. Rubin & Co., Inc. Algemeen Burgerlijk Pensioenfonds, in No. 93-1478. Anthony Vinciguerra, T/a 2 Mellon Bank Center Barber Services and Styling Sunshine Personnel, Inc. Royal Bank of Pennsylvania, for Itself and for All Others Similarly Situated v. Richard I. Rubin & Co., Inc. E/r Associates, T/a One Meridian Plaza the Equitable Life Assurance Society of the United States USA One Associates USA One B v. USA Two B v. Pan American Office Investments, Inc. Rodin Investment Administration Company Algemeen Burgerlijk Pensioenfonds Equitable Real Estate Investment Management, Inc. Aetna Casualty & Surety Company Aetna Life Insurance Company Jones Lange Wootton USA Balis & Co. Penn Sprinkler Company, Inc. Delmont Fire Protection Service, Inc. John Does 1 Through 77. Algemeen Burgerlijk Pensioenfonds, in No. 93-1479. Robert J. Atlee Triumphe Financial Services, for Themselves and All Others Similarly Situated v. Richard I. Rubin & Co., Inc. E/r Associates, T/a One Meridian Plaza the Equitable Life Assurance Society of the United States USA One Associates USA One B v. USA Two B v. Pan American Office Investments, Inc. Rodin Investment Administration Company Algemeen Burgerlijk Pensioenfonds Equitable Real Estate Investment Management, Inc. Aetna Casualty & Surety Company Aetna Life Insurance Company Jones Lange Wootton USA Balis & Co. Penn Sprinkler Company Delmont Fire Protection Service, Inc. John Does 1 Through 77. Algemeen Burgerlijk Pensioenfonds, in No. 93-1480. Jeffrey Berman v. E/r Associates, T/a One Meridian Plaza Richard I. Rubin & Co., Inc. Equitable Life Assurance Society of the United States Rodin Enterprises Pan American Office Investments, Inc. Rodin Investment Administration Company Algemeen Burgerlijk Pensioenfonds Equitable Real Estate Investment Management, Inc. Aetna Casualty & Surety Company Aetna Life Insurance Company Jones Lange Wootton USA Balis & Co. Penn Sprinkler Company, Inc. Delmont Fire Protection Service, Inc. Algemeen Burgerlijk Pensioenfonds, in No. 93-1481. Mary Y. Holcombe, in Her Own Right and as Administratrix of the Estate of David P. Holcombe, Deceased v. Richard I. Rubin & Co., Inc. E/r Associates, T/a One Meridian Plaza Equitable Life Assurance Society of the United States Algemeen Burgerlijk Pensioenfonds Penn Sprinkler Company, Inc. Delmont Fire Protection Service, Inc. Balis and Co., Inc. USA One Associates USA One B v. USA Two B v. Rodin Investment Administration Company Equitable Real Estate Investment Management Jones Lange Wootton USA Pan American Office Investments, Inc. American Building Maintenance Company National Guardian Security Systems Joseph F.X. Griffin M & M Equipment Company v. Halprin Supply Company, Inc. Sierra Fire Equipment Co. Rubinetterie A. Giacomini S.P.A. Underwriters Laboratories, Inc. Premier Industrial Corporation, T/a Akron Brass Company Task Force Tips, Inc. Maris Equipment Company, Division of Jwp, Inc. The Energy Consortium, Inc. Honeywell, Inc. Pyrotrol Systems, Inc., Division of Potter Electric Signal Company Webster Automation Systems, Inc. John Ashe Associates, Inc. H.B. Frazer and Co., Inc. Nason & Cullen, Inc. Sheward-Henderson Mmr/foley, Division of Matthews-Mccracken-Rutland Corp. Morris-Rospond Associates, A/K/A Morris Rospond Group And/or the Energy Consortium, Inc. Tabor Acoustical, Inc. Oreland Sheetmetal, Inc., Third-Party Algemeen Burgerlijk Pensioenfonds, in No. 93-1590

12 F.3d 1270 · Court of Appeals for the Third Circuit · Dec 28, 1993

Mitchell, 472 U.S. at 527 , 105 S.Ct. at 2816 ("qualified immunity is in part an entitlement not to be forced to litigate"); see also United States v. … Once the foreign state has produced [ ] prima facie evidence of immunity, the burden of going forward [ ] shift[s] to the plaintiff to produce evidence establishing that the foreign state is not entitled to immunity.

United States v. William R. Gravatt

868 F.2d 585 · Court of Appeals for the Third Circuit · Apr 21, 1989

He offered to provide this information if he were granted “immunity for making statements regarding income.” … Gravatt, unlike Sarsoun, expressed a willingness to provide the required financial information upon a grant of immunity.