Case law

Ginter v. Skahill

298 F. App'x 161 · Court of Appeals for the Third Circuit · Oct 28, 2008

In the alternative, even if Ginter had established a violation of her constitutional rights, Skahill would be entitled to a defense of qualified immunity. … Qualified immunity protects government officials from liability if their actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Blaylock v. City of Philadelphia

504 F.3d 405 · Court of Appeals for the Third Circuit · Oct 1, 2007

a violation of a clearly established constitutional right.”) … According ly, the defendants are entitled to qualified immunity here “if a reasonable officer could have believed that probable cause existed” to arrest Andre Blaylock “in light of clearly established law and the information

Anthony J. Prisco, Jr. v. Dennis P. Talty, Individually T/a Zeitz and Talty Glenn A. Zeitz, Esq., Individually T/a Zeitz and Talty

993 F.2d 21 · Court of Appeals for the Third Circuit · Apr 30, 1993

Based on well-established standards of statutory construction, we hold that, with one clearly stated exception, the 1984 amendments do not apply to a cause of action which had accrued prior to the effective date of their … There we concluded that the government’s conduct violated Prisco's clearly established constitutional due process rights.

Lee v. Mihalich

847 F.2d 66 · Court of Appeals for the Third Circuit · May 17, 1988

In furtherance of these policies, the discriminant for qualified immunity focuses on the objective legal reasonableness of an official’s acts under law which has been clearly established at the time he acts. … A government official will be denied qualified immunity for having violated a clearly established right when “in the light of preexisting law the unlawfulness [is] apparent.” Anderson, 107 S.Ct. at 3039 .

Eugene F. Assaf v. George C. Fields Gary E. Crowell

178 F.3d 170 · Court of Appeals for the Third Circuit · May 19, 1999

Nonetheless, it held that the defendants were entitled to qualified immunity because it was not clearly established that Assaf could not be fired for political reasons. See id. at 633. III. … to qualified immunity.

ESTATE OF

430 F.3d 140 · Court of Appeals for the Third Circuit · Nov 30, 2005

Therefore, it is appropriate for us to rely on that decision in our analysis of whether the officers are entitled to qualified immunity, as the contours of the right at issue here — as set forth in Sharrar — were "clearly … More specifically, the second question requires us to ask whether the right the defendant stands accused of violating was "clearly established" at the time of the incident in question.

Rebecca S. Doby Herbert K. Doby, in No. 98-1124 v. James Decrescenzo Bucks County Department of Mental Health and Mental Retardation Phillip M. Fenster, County Administrator, Bucks County Department of Mental Health and Mental Retardation, in His Official Capacity Amy Bryant, Individually and in Her Official Capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health/mental Retardation Lenape Valley Foundation Debbie Neidhardt, Individually and in Her Official Capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health and Mental Retardation Township of Warrington Warrington Township Police Department John Bonargo, Chief of Police, Warrington Township Police Department, in His Official Capacity John Doe, Police Officer 1, Officer Who, With Police Officer 2, Asked Mrs. Doby to Step Outside Apartment at Approximately 7:00 P.M. And Took Mrs. Doby in Handcuffs and Shackles to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township John Doe, Police Officer 2, Officer Who, With Police Officer 1, Asked Mrs. Doby to Step Outside Apartment at Approximately 7:00 P.M. And Took Mrs. Doby in Handcuffs and Shackles to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township John Doe, Police Officer 3, Officer Who Came to the Dobys' Apartment at Approximately 7:00 P.M. On December 30, 1993, and Remained at Their Apartment After Mrs. Doby Was Taken to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township Lenape Valley Foundation John C. Richards, M.D. Doylestown Hospital Joseph Knox, Sergeant, of the Warrington Township Police Department, in His Official and Individual Capacity Michael Neipp, Officer, of the Warrington Township Police Department, in His Official and Individual Capacity Kenneth Hawthorn, Officer, of the Warrington Township Police Department, in His Official and Individual Capacity Rebecca S. Doby Herbert K. Doby, in No. 98-1224 v. James Decrescenzo Bucks County Department of Mental Health and Mental Retardation Phillip M. Fenster, County Administrator, Bucks County Department of Mental Health and Mental Retardation, in His Official Capacity Amy Bryant, Individually and in Her Official Capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health/mental Retardation Lenape Valley Foundation Debbie Neidhardt, Individually and in Her Official Capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health and Mental Retardation Township of Warrington Warrington Township Police Department John Bonargo, Chief of Police, Warrington Township Police Department, in His Official Capacity John Doe, Police Officer 1, Officer Who, With Police Officer 2, Asked Mrs. Doby to Step Outside Apartment at Approximately 7:00 P.M. And Took Mrs. Doby in Handcuffs and Shackles to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township John Doe, Police Officer 2, Officer Who, With Police Officer 1, Asked Mrs. Doby to Step Outside Apartment at Approximately 7:00 P.M. And Took Mrs. Doby in Handcuffs and Shackles to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township John Doe, Police Officer 3, 2 Officer Who Came to the Dobys' Apartment at Approximately 7:00 P.M. On December 30, 1993, and Remained at Their Apartment After Mrs. Doby Was Taken to the Hospital, Individually and in His Official Capacity as Police Officer of Warrington Township Lenape Valley Foundation John C. Richards, M.D. Doylestown Hospital Joseph Knox, Sergeant, of the Warrington Township Police Department, in His Official and Individual Capacity Michael Neipp, Officer, of the Warrington Township Police Department, in His Official and Individual Capacity Kenneth Hawthorn, Officer, of the Warrington Township Police Department, in His Official and Individual Capacity

171 F.3d 858 · Court of Appeals for the Third Circuit · Mar 22, 1999

with Judge Fullam's conclusion that DeCrescenzo qualifies for immunity under section 7114. … Thus, the implicit question addressed in that case was what kind of medical personnel would qualify for immunity.

Robert Harper v. County of Delaware

Court of Appeals for the Third Circuit · Aug 12, 2019

And for qualified immunity purposes, 3 The individual defendants argued below that they were entitled to qualified immunity. … The Municipal Defendants Our conclusion that the right Harper claims was not clearly established does not resolve his claims against the municipal defendants, which cannot assert a qualified immunity defense to

Emmanuel Mervilus v. Union County

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.

Heather Hinterberger v. Iroquios School District

548 F. App'x 50 · Court of Appeals for the Third Circuit · Dec 5, 2013

“District court opinions may be relevant to the determination of when a right was clearly established for qualified immunity analysis.” Doe v. Delie, 257 F.3d 309, 321 (3d Cir. 2001). … As Hinterberger’s alleged right was not clearly established at the time of her injury, Loftus is entitled to qualified immunity from suit. III.

Walker v. Clearfield County District Attorney

413 F. App'x 481 · Court of Appeals for the Third Circuit · Jan 24, 2011

The Supreme Court has held that when prosecutors perform investigatory functions, like determining whether there is probable cause to arrest a suspect, they are entitled only to qualified, and not absolute, immunity. … Thus, to the extent that Walker’s complaint concerns Shaw’s pre-indictment investigation of the allegations against Walker, Shaw is entitled only to qualified immunity.

Geronimo Lozano v. State of New Jersey

9 F.4th 239 · Court of Appeals for the Third Circuit · Aug 16, 2021

A police officer is entitled to qualified immunity under § 1983 unless the plaintiff shows that the officer violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Rather, we may only “review whether the set of facts identified by the district court is sufficient to establish a violation of a clearly established constitutional right.” Id.

Wright v. City Of Philadelphia

409 F.3d 595 · Court of Appeals for the Third Circuit · Jun 6, 2005

facts showed a violation of `clearly established' law." … violated was clearly established.

Crystal Starnes v. Butler County Court of Common

971 F.3d 416 · Court of Appeals for the Third Circuit · Aug 24, 2020

s] of Appeals could clearly establish a right for purposes of qualified immunity.” … The District Court defined the violative conduct too broadly for qualified immunity purposes. al-Kidd, 563 U.S. at 742 (warning courts not to define clearly established law at “a high level of generality”).

Arlane James v. New Jersey State Police

957 F.3d 165 · Court of Appeals for the Third Circuit · Apr 21, 2020

Qualified immunity protects government officials from being held liable for damages when their conduct does not violate a citizen’s clearly established rights. … Trooper Bartelt is entitled to qualified immunity because he did not violate Gibbons’s clearly established rights.

Will El v. City of Pittsburgh

975 F.3d 327 · Court of Appeals for the Third Circuit · Sep 16, 2020

In the familiar qualified immunity analysis, the court asks “(1) whether the officer violated a constitutional right, and (2) whether the right was clearly established, such that ‘it would [have been] clear to a reasonable … of the qualified immunity analysis: “whether the right was clearly established.”

Barna v. Board of School Directors of the Panther Valley School District

877 F.3d 136 · Court of Appeals for the Third Circuit · Dec 7, 2017

“clearly established.” … The court further concluded that the defendants who issued the notices were not entitled to qualified immunity because it was clearly established that such an absolute prohibition of challenges the ban based on its absolute

Leveto v. Lapina

258 F.3d 156 · Court of Appeals for the Third Circuit · Jul 17, 2001

The principles governing claims of qualified immunity are well-established. … If a reasonable official would have known that the conduct was unlawful, qualified immunity is generally not available.2 See Harlow, 457 U.S. at 818-19 ("If the law was clearly established, the immunity defense or dinarily

E. D. v. Daniel Sharkey

928 F.3d 299 · Court of Appeals for the Third Circuit · Jul 1, 2019

Officials demonstrate they are entitled to qualified immunity only if they can show that a reasonable person in their position at the relevant time could have believed, in light of clearly established law, that their conduct … Alleged constitutional right clearly established. We further agree that a detainee's right to be protected by state officials aware of ongoing sexual assault was clearly established at the time of Sharkey's conduct.

Jose Peroza-Benitez v. Darren Smith

994 F.3d 157 · Court of Appeals for the Third Circuit · Apr 8, 2021

Haser and Officer White were entitled to qualified immunity because Peroza-Benitez’s constitutional rights at issue were not “clearly established” at the time of the incident. … At summary judgment, the burden is on the officer to establish an entitlement to qualified immunity. Halsey, 750 F.3d at 288.