Case law

Bowers v. National Collegiate Athletic Ass'n

346 F.3d 402 · Court of Appeals for the Third Circuit · Aug 20, 2003

not immune. … Yet, it did deny Delaware State’s Eleventh Amendment motion to dismiss on sovereign immunity grounds Temple’s claim for contribution on the Title II and section 504 claims as Delaware State did not establish that the amendment

D.R. ex rel. L.R. v. Middle Bucks Area Vocational Technical School

972 F.2d 1364 · Court of Appeals for the Third Circuit · Aug 11, 1992

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … immunity.

Anderson v. City of Philadelphia

845 F.2d 1216 · Court of Appeals for the Third Circuit · May 2, 1988

The individual defendants, Police Commissioner Tucker and Prison Superintendent Owens, raise a claim of qualified immunity. … Because no relief was awarded against them or is sought on appeal, and in light of our holding, we do not address the qualified immunity issue.

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

Cranbury Brick Yard, LLC v. United States

943 F.3d 701 · Court of Appeals for the Third Circuit · Nov 22, 2019

To qualify, the owner must show (among other things) that “[a]ll disposal of hazardous substances . . . occurred before [it] acquired the facility.” Id. § 9601(40)(B)(i). B. … More recent Supreme Court prec- edent has clarified that cost recovery and contribution are “clearly distinct” causes of action. Atl. Research, 551 U.S. at 138 (quoting Cooper Indus., 543 U.S. at 163 n.3).

Phillips v. Allegheny

Court of Appeals for the Third Circuit · Feb 5, 2008

Although it is important to resolve qualified immunity questions at the earliest possible stages of litigation, the importance of resolving qualified immunity questions early “is in tension with the reality that factual disputes … A decision as to qualified immunity is “premature when there are unresolved disputes of historical facts relevant to the immunity analysis.” Id. at 278.

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.

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

United States v. Robert Menendez

831 F.3d 155 · Court of Appeals for the Third Circuit · Jul 29, 2016

A Member seeking to invoke the Clause’s protections bears “the burden of establishing the applicability of legislative immunity . . . by a preponderance of the evidence.” … But informal attempts to influence the Executive Branch on policy, for actual legislative purposes, may qualify as “true legislative oversight” and merit Speech or Debate immunity.

Paul Versarge v. The Township of Clinton New Jersey Annandale Hose Company No. 1, a New Jersey Corporation William Faust, III

984 F.2d 1359 · Court of Appeals for the Third Circuit · Feb 2, 1993

DISCUSSION A.Qualified Immunity of Faust Defendant Faust argues that he “is entitled to judgment dismissing all claims against him individually based on the defense of qualified immunity.” … Because plaintiff seeks no monetary damages, Faust’s qualified immunity defense is moot.

Carter v. McGrady

292 F.3d 152 · Court of Appeals for the Third Circuit · May 28, 2002

immunity. … Defendants subsequently moved for summary judgment, arguing inter alia that Carter’s retaliation claim failed as a matter of law and that they were entitled to qualified immunity.

Kathleen Sanford, Individually and as Administratrix of the Estate of Michael R. Sanford v. Pamela Stiles Dennis Murphy East Penn School District

456 F.3d 298 · Court of Appeals for the Third Circuit · Aug 2, 2006

Qualified Immunity Because we find that no constitutional right was violated, we need not address the question whether Stiles was entitled to qualified immunity in the federal claim. See Saucier v. … Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity

Zheng v. Quest Diagnostics, Inc.

248 F. App'x 416 · Court of Appeals for the Third Circuit · Sep 21, 2007

Furthermore, Quest clearly based that action on evidence it considered indicative of a substandard or inadequate skill level. Dr. … immunity provided by New Jersey’s common law doctrine of qualified immunity, see Govito v.

Democracy Rising PA v. Celluci

380 F. App'x 155 · Court of Appeals for the Third Circuit · May 14, 2010

immunity. . … Plaintiffs do not challenge on appeal the District Court's dismissal of their non-prospective claims on Eleventh Amendment and qualified immunity grounds. .

ESTATE OF

768 F.2d 503 · Court of Appeals for the Third Circuit · Jul 19, 1985

Although the court affirmed the dismissal of the complaint, it did so on the basis of qualified immunity. Jensen v. … immunity.

Michael Bowers v. The National Collegiate Athletic Association, as an Association and a Representative of Its Member Schools A/K/A Ncaa the Ncaa Initial-Eligibility Clearinghouse Cedric W. Dempsey, Executive Director of the Ncaa, in His Individual and Official Capacities Calvin Symons, Managing Director of the Ncaa Student-Eligibility Clearinghouse, in His Individual and Official Capacities Temple University of the Commonwealth System of Higher Education Act Inc University of Iowa American International College the State of New Jersey, Intervenor-Defendant in District Court Temple University of the Commonwealth System of Higher Education, Defendant/third-Party v. Delaware State University the University of Memphis University of Massachusetts Amherst, Third-Party University of Massachusetts Amherst and Delaware State University, in 02-3236 Kathleen Bowers, Administratrix Ad Prosequendum of the Estate of Michael Bowers v. The National Collegiate Athletic Association, as an Association and a Representative of Its Member Schools A/K/A Ncaa the Ncaa Initial-Eligibility Clearinghouse Cedric W. Dempsey, Executive Director of the Ncaa, in His Individual and Official Capacities Calvin Symons, Managing Director of the Ncaa Student-Eligibility Clearinghouse, in His Individual and Official Capacities Temple University of the Commonwealth System of Higher Education Act, Inc. University of Iowa American International College the State of New Jersey, Intervenor-Defendant in District Court Temple University of the Commonwealth System of Higher Education, Defendant/third-Party v. Delaware State University the University of Memphis University of Massachusetts Amherst, Third-Party the University of Memphis, in No. 01-4226 Kathleen Bowers, Administratrix Ad Prosequendum of the Estate of Michael Bowers v. National Collegiate Athletic Association, as an Association and a Representative of Its Member Schools A/K/A Ncaa the Ncaa Initial-Eligibility Clearinghouse Cedric W. Dempsey, Executive Director of the Ncaa, in His Individual and Official Capacities Calvin Symons, Managing Director of the Ncaa Student-Eligibility Clearinghouse, in His Individual and Official Capacities Temple University of the Commonwealth System of Higher Education Act, Inc. University of Iowa American International College the State of New Jersey, Intervenor-Defendant in District Court Temple University of the Commonwealth System of Higher Education, Defendant/third-Party v. Delaware State University the University of Memphis University of Massachusetts Amherst, Third-Party University of Iowa, in No. 01-4492 Kathleen Bowers, Administratrix Ad Prosequendum of the Estate of Michael Bowers v. National Collegiate Athletic Association, as an Association and a Representative of Its Member Schools A/K/A Ncaa the Ncaa Initial-Eligibility Clearinghouse Cedric W. Dempsey, Executive Director of the Ncaa, in His Individual and Official Capacities Calvin Symons, Managing Director of the Ncaa Student-Eligibility Clearinghouse, in His Individual and Official Capacities Temple University of the Commonwealth System of Higher Education Act, Inc. University of Iowa American International College the State of New Jersey, Intervenor-Defendant in District Court Temple University of the Commonwealth System of Higher Education, Defendant/third-Party v. Delaware State University the University of Memphis University of Massachusetts Amherst, Third-Party the University of Massachusetts, in No. 02-1789

346 F.3d 402 · Court of Appeals for the Third Circuit · Aug 20, 2003

not immune. … Yet, it did deny Delaware State's Eleventh Amendment motion to dismiss on sovereign immunity grounds Temple's claim for contribution on the Title II and section 504 claims as Delaware State did not establish that the amendment

Jaffee v. United States

663 F.2d 1226 · Court of Appeals for the Third Circuit · Nov 2, 1981

Since the "fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trial," Imbler v. … The cases cited establish that at best military officers may have a defense of lack of malice respecting actions within the scope of their actual authority, analogous to the so-called qualified immunity of federal officials

Leonard Young, Jr. v. Deputy Superintendent Greene S

801 F.3d 172 · Court of Appeals for the Third Circuit · Sep 8, 2015

The Issue of Qualified Immunity The Defendants also ask us—in a single sentence—to affirm on the ground of qualified immunity. … In Hope, the Supreme Court held that the officers were not entitled to qualified immunity because their actions violated “clearly established statutory or constitutional rights of which a reasonable person would have known

Byers v. Intuit, Inc.

600 F.3d 286 · Court of Appeals for the Third Circuit · Mar 3, 2010

The FFA Members, who are wholly private entities, clearly do not fit within this definition, and thus the IOAA is facially inapposite. … United States, 410 U.S. 366 (1973), established an exception to the doctrine of implied antitrust immunity.

Rashonna Ransom v. GreatPlains Finance LLC

Court of Appeals for the Third Circuit · Aug 26, 2025

That factor often matters more and speaks more clearly here. We thus hold that the lender is not part of the tribe’s government and so lacks its sov- ereign immunity. I. … When the other factors are qualified and this one is resounding, it may some- times tip the balance all on its own.