Case law

Ali v. Howard

353 F. App'x 667 · Court of Appeals for the Third Circuit · Nov 16, 2009

Qualified immunity shields these defendants in their individual capacities from damages suits so long as their conduct does “not violate clearly established statutory or constitutional rights of which a reasonable person … We agree, based on the discussion above, that the state defendants are entitled to qualified immunity because them conduct did not rise to constitutional violations. See Pearson v.

New Jersey, Department of Treasury v. Fuld

604 F.3d 816 · Court of Appeals for the Third Circuit · May 17, 2010

in public service if a full trial were threatened whenever they acted reasonably in the face of law that is not ‘clearly established.’ ” Will, 546 U.S. at 352 , 126 S.Ct. 952 (citing Mitchell, 472 U.S. at 526 , 105 S.Ct. … There is no separation of powers issue, see Nixon, 457 U.S. at 748 , 102 S.Ct. 2690 , nor are there claims of qualified immunity or state sovereign immunity, see Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 ; Metcalf, 506 U.S

Lutz, David D. v. City of York, Pennsylvania

899 F.2d 255 · Court of Appeals for the Third Circuit · Mar 28, 1990

Locating the most plausible source of the putative right to intrastate travel should at least establish a more clear framework for further analysis. 1. Article IV Privileges and Immunities Clause. … If the freedom of speech itself can be so qualified, then surely the unenumerated right of localized travel can be as well.

Margaret C. Wagner, by Her Next Friend George M. Wagner v. Fair Acres Geriatric Center. Margaret Wagner, by Her Next Friend, George M. Wagner

49 F.3d 1002 · Court of Appeals for the Third Circuit · Mar 15, 1995

Wagner failed to establish a case for relief under section 504. … Clearly it would not then Rise to the level of fundamental error.

Earle Clarke v. Immigration and Naturalization Service

904 F.2d 172 · Court of Appeals for the Third Circuit · May 24, 1990

Third, there is nothing in the EAJA’s legislative history that qualifies or explains Congress’ pronouncement in § 292 of the Immigration and Naturalization Act of 1952, 8 U.S.C. § 1362 , that an alien in deportation proceedings … It is the province of Congress, not the courts, to rewrite the statute to include proceedings that are not clearly within its scope.

19 Fair empl.prac.cas. 652, 19 Empl. Prac. Dec. P 9095 Willy Whack v. Peabody & Wind Engineering Co. And Sheet Metal Workers International Association, Local 19

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 … disputes this and argues that he was as well qualified or better qualified than every employee at the Salem project.

Leroy Hadden v. James Howard, William Robinson, Charles Kozakiewicz, Robert Maroney, James Wigton, Thomas Seiverling, Anthony Pace, and Michael Boris

713 F.2d 1003 · Court of Appeals for the Third Circuit · Aug 11, 1983

There is no basis for assuming that the Bureau, in establishing the Complaint Review System, wanted to encourage or protect inmates who file maliciously untrue charges. … The facts found by the magistrate do not establish a violation of Hadden’s due process rights under any of these theories.

As GUARDIAN AD LITEM OF v. GRACE OLIVA

226 F.3d 198 · Court of Appeals for the Third Circuit · Aug 28, 2000

At this stage it is sufficient that the complaint states a live claim for some form of relief -- and it clearly does. Nor is the issue whether Pratt or Johnson is entitled to qualified immunity. … And of course the qualified immunity defense would not apply to the school board in its official capacity. Owen v.

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 11 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.

Alan C. Sugarman v. Aeromexico, Inc.

626 F.2d 270 · Court of Appeals for the Third Circuit · Jun 30, 1980

A study of the law of sovereign immunity reveals the existence of two conflicting concepts of sovereign immunity, each widely held and firmly established. … courts in both contract and tort and with its long established policy of not claiming immunity in foreign jurisdictions for its merchant vessels.

Nader Aldossari v. Joseph Ripp

49 F.4th 236 · Court of Appeals for the Third Circuit · Sep 13, 2022

We do not wade into that disagreement, as the statement is not enough to establish a clear and unambiguous waiver of Saudi Arabia’s immunity in U.S. courts, even if it carried the force of law in the Kingdom. … the answer clearly is that it cannot.”); United States v.

Linda Glenn Currie, Administratrix Cta of the Estate of Ralph Augustus Glenn, Jr., Deceased v. United States v. International Business MacHines Corp., Third Party American Psychological Association, Amicus Curiae

836 F.2d 209 · Court of Appeals for the Third Circuit · Dec 28, 1987

Since the therapists in this case were clearly competent, indeed, highly qualified, and acted in entire good faith, the district judge entered judgment for the United States. 644 F.Supp. 1074 (M.D.N.C.1986). 2 On appeal, … Established doctrine would permit recovery for negligence in the release of a previously committed person known to be dangerous, but the legislature provided qualified immunity even in that situation; in this case, the plaintiff

Miller v. Indiana Hospital

930 F.2d 334 · Court of Appeals for the Third Circuit · Apr 19, 1991

The Supreme Court has established a rigorous two-part test for determining whether private anticompetitive conduct should be deemed “state action” for purposes of antitrust immunity. … Whether given conduct qualifies as state action for purposes of antitrust immunity is a question of law, and our review is plenary. Ticor Title Ins. Co. v.

Andrews v. City of Philadelphia

895 F.2d 1469 · Court of Appeals for the Third Circuit · Feb 8, 1990

A public official’s actions are protected by qualified immunity if s/he can show that the “offending” conduct did not “violate clearly established statutory or constitutional rights which a reasonable person would have known … This is not the purpose of qualified immunity.

Ross v. Meagan

638 F.2d 646 · Court of Appeals for the Third Circuit · Jan 16, 1981

The two remaining appellees, Detective Meagan and former Governor Shapp, are entitled to a qualified immunity for official actions taken in good faith. 3 The district court did not rely on this qualified immunity, however … If appellants can establish these allegations as facts at a trial, unlikely though that may seem, they *650 may be entitled to relief under § 1983. 4 The legal points raised by the complaint are at least “arguable on their

Helms v. Hewitt

780 F.2d 367 · Court of Appeals for the Third Circuit · Jan 3, 1986

The district court subsequently found that the defendants were entitled to qualified immunity and entered judgment against the plaintiff. We affirmed without opinion. Helms v. … The defendants indicate that, as a result of the district court’s qualified immunity finding, the plaintiff was not entitled to monetary damages.

Kacher v. Pittsburgh National Bank

545 F.2d 842 · Court of Appeals for the Third Circuit · Nov 2, 1976

immunity. … It is important to lay bare exactly what the majority has done in its qualified immunity holding. Immunities from liability for particular classes of defendants are creatures of policy.

Robert F. Jennings v. Arthur Shuman, Jr., Robert J. Conway, Gustave Naring, and John Doe

567 F.2d 1213 · Court of Appeals for the Third Circuit · Nov 30, 1977

The plaintiff apparently cites these Amendments to establish a constitutional basis for the violation of the right to privacy. … Naring does not raise the immunity issue, and at this stage he cannot. As a police officer, he is not protected by absolute immunity, but only by qualified immunity requiring him to raise the defense of good faith.

Sameric Corporation Of Delaware, Inc. v. City Of Philadelphia

142 F.3d 582 · Court of Appeals for the Third Circuit · Apr 10, 1998

Given our conclusion that Sameric has not established a violation of a constitutional right, we need not consider the immunity issue. See Siegert v. … Gilley, 500 U.S. 226, 232 , 111 S.Ct. 1789, 1793 , 114 L.Ed.2d 277 (1991) (stating that in considering whether a defendant is entitled to qualified immunity, a court first should consider whether the plaintiff has alleged

Municipal Revenue Services, Inc. v. McBlain

347 F. App'x 817 · Court of Appeals for the Third Circuit · Oct 6, 2009

Qualified Immunity McBlain contends that he is shielded from liability by qualified immunity, and it is through that prism that we will address the merits of MRS’s arguments. … “The doctrine of 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