Case law

Schieber v. City of Philadelphia

320 F.3d 409 · Court of Appeals for the Third Circuit · Feb 20, 2003

Township of Lower Merion, 313 F.3d 144 (3d Cir.2002): 83 we may "review whether the set of facts identified by the district court is sufficient to establish a violation of a clearly established constitutional right," but … immunity, we must first determine whether the plaintiff has properly asserted a deprivation of a constitutional right; then we can consider whether the right was clearly established at the time of the alleged violation.

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.

Spencer Spiker v. Jacquelyn Whittaker

553 F. App'x 275 · Court of Appeals for the Third Circuit · Apr 2, 2014

The District Court’s immunity analysis was sound. To determine whether defendants are entitled to qualified immunity, we apply the two-part test in Saucier v. … However, “[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.” Harlow, 457 U.S. at 818–19.

Morrison-Knudsen Co., Inc., a California and Delaware Corporation, Plaintiff v. Chg International, Inc., a Washington Corporation, and Stevenson Associates, a Limited Partnership, Stevenson Associates, a Limited Partnership v. Federal Savings and Loan Insurance Corporation, as Receiver for Westside Federal Savings and Loan Association, American Federal Savings and Loan Association, a Federally Chartered Association Having Its Principal Office in Oklahoma v. Westside Federal Savings and Loan Association, a Federally Chartered Association Having Its Principal Office in Washington, Etc., Defendant- in Re Chg International, Debtor. Chg Creditors' Committee v. Federal Savings and Loan Insurance Corporation, as Receiver for Westside Federal Savings and Loan Association, Wayne C. Rembold v. Gibraltar Savings of Washington and Queen City Inc., Also Known as Gibraltar Savings of Washington and Queen City Inc., Defendant/counterclaimant/cross- Claimant/appellant v. Westside Federal Savings and Loan Association, Additional Counterclaim/cross-Claim/defendant/appellee v. Rembold Corporation, an Oregon Corporation, Third Party

811 F.2d 1209 · Court of Appeals for the Third Circuit · Feb 25, 1987

FSLIC'S IMMUNITY 58 FSLIC also invokes its qualified immunity as receiver and its absolute sovereign immunity as a federal agency to support dismissal of the creditors' claims. … Neither contention has merit. 59 Receivers ordinarily enjoy a qualified immunity from personal liability for actions taken within their receivership authority. See, e.g., Leonard v.

Harris v. Pernsley

755 F.2d 338 · Court of Appeals for the Third Circuit · Feb 22, 1985

The qualified immunity defense only applies, of course, to claims for money damages. … Initially we note that qualified immunity is an affirmative defense. There is no pleading requirement that a plaintiff must anticipate such a defense.

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.

Wise v. Ranck

340 F. App'x 765 · Court of Appeals for the Third Circuit · Aug 10, 2009

In the course of evaluating Ranck’s argument for qualified immunity, the District Court followed Saucier v. … There, the Court announced that courts evaluating qualified immunity no longer have to first determine whether a constitutional violation occurred before determining whether the constitutional right was clearly established

Lou Ann Merkle v. Upper Dublin School District Upper Dublin Township Police Department Margaret Thomas Clair Brown, Jr., Dr. Jack Hahn, Detective

211 F.3d 782 · Court of Appeals for the Third Circuit · May 9, 2000

qualified immunity. … A defendant is entitled to qualified immunity if reasonable officials in the defendant’s position at the relevant time “could have believed, in light of clearly established law, that their conduct comported with established

Febres v. Camden Board of Education

445 F.3d 227 · Court of Appeals for the Third Circuit · Apr 18, 2006

The Board’s legal status under state law, the second criterion, clearly militates against immunity. A. … The MRERA also provides for “limited school district oversight” in these qualified municipalities. N.J. Stat.

Donald Boyanowski v. Capital Area Intermediate Unit

215 F.3d 396 · Court of Appeals for the Third Circuit · Jun 14, 2000

He also won a verdict against John Nagle, who had been executive director of the CAIU, but the District Court set it aside on qualified immunity grounds. Mr. … On post-trial motions, the District Court ruled that Nagle was entitled to qualified immunity on the substantive due process claim, and it set aside the verdict and damages against him.

San Jacinto Savings & Loan v. Kathy Kacal, Defendant-Third Party v. Officer Tommy Hale and City of Waxahachie, Texas, Third Party

928 F.2d 697 · Court of Appeals for the Third Circuit · Apr 15, 1991

To establish the “infringement” portion of the “stigma plus infringement” test, a claimant must establish that the state sought to remove or significantly alter a life, liberty, or property interest recognized *702 and protected … Qualified Immunity The City and Hale argue that the dismissal of Kacal’s claims should be affirmed because Hale is immune from suit under the doctrine of qualified immunity and because the City had not adopted a custom or

OI European Group BV v. Bolivarian Republic of Venezuela

73 F.4th 157 · Court of Appeals for the Third Circuit · Jul 7, 2023

Although the Court acknowledged that § 1603(a) defines a “foreign state” to include instrumentalities, id. at 620 n.7, it concluded “[t]he language and history of the FSIA clearly establish that the Act was not intended to … All similar to denials of qualified immunity and Eleventh Amendment immunity the Supreme Court has held are immediately appealable under the collateral order doctrine. See, e.g., Mitchell v.

Baldassare v. The State Of New Jersey

250 F.3d 188 · Court of Appeals for the Third Circuit · May 2, 2001

QUALIFIED IMMUNITY 36 Defendants insist they are immune under the doctrine of qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800 , 73 L. Ed. 2d 396 , 102 S. Ct. 2727 (1982). … Defendants' argument that Baldassare's First Amendment rights were not clearly established cannot be sustained. See, e.g., Green v. Phila. Hous.

Cna v. United States

535 F.3d 132 · Court of Appeals for the Third Circuit · Jul 22, 2008

Armstrong, the assailant in our case, was an Army recruit but does not qualify as a government employee. … But Sheridan established that claims of independent negligence committed by Government employees are not barred by the assault-and-battery exception.

17 Fair empl.prac.cas. 1252, 17 Empl. Prac. Dec. P 8576 John R. Novotny v. Great American Federal Savings & Loan Association, John A. Virostek, Joseph E. Bugel, John J. Dravecky, Daniel T. Kubasak, Edward J. Lesko, James E. Orris, Joseph A. Prokopovitsh, John G. Micenko and Frank J. Vanek

584 F.2d 1235 · Court of Appeals for the Third Circuit · Aug 7, 1978

equal protection" or "equal privileges and immunities." … female employees and replacing them with less qualified male employees. 2 The complaint named John A.

Scott v. Plante

641 F.2d 117 · Court of Appeals for the Third Circuit · Feb 5, 1981

We have held that qualified immunity is a defense on which the defendants have the burden of proof. Skehan v. … The defense of official immunity depends on defendants establishing good faith, and we concluded in Part VI-A that they failed to carry this burden.

Baltimore County v. Hechinger Liquidation Trust (In Re Hechinger Investment Co. of Delaware, Inc.)

335 F.3d 243 · Court of Appeals for the Third Circuit · Jul 18, 2003

Hilton, 618 F.2d 232, 241 n.7 (3d Cir. 1980) (noting the paradox inherent in the fact that “it is clearly established that the state’s [sovereign] immunity can be waived by the state, despite the principle that a waiver cannot … That reading would make no sense and is clearly incorrect.

Craig Geness v. Administrative Office of Penns

974 F.3d 263 · Court of Appeals for the Third Circuit · Sep 8, 2020

In the course of the analysis, we addressed each requirement of a Title II claim: To state a claim under Title II of the ADA, Geness must establish: “(1) he is a qualified individual … These provisions, however, do not suffice to establish a Title II claim against AOPC.

Marino v. Bowers

657 F.2d 1363 · Court of Appeals for the Third Circuit · Sep 11, 1981

To defeat immunity, the plaintiff must do more than establish the "foreshadowing" that meets the Chevron test. He must show that the right was "clearly established." See Procunier v. … A holding that the defendants did not act in derogation of a clearly established constitutional right and thus enjoy a qualified immunity would not be inconsistent with a determination that Elrod applies retroactively 6 Indeed

Gause v. Diguglielmo

339 F. App'x 132 · Court of Appeals for the Third Circuit · Jul 15, 2009

The other question is whether, at the time of the incident, “the [constitutional] right was clearly established,” as measured by a reasonable-officer standard. … We exercise plenary re *134 view over determinations of qualified immunity, Yar ris v.