Case law

Hubbard v. Taylor

399 F.3d 150 · Court of Appeals for the Third Circuit · Feb 23, 2005

If, on remand, the prison officials again assert qualified immunity, we remind the district court that the immunity claim must be resolved first. … Since qualified immunity is “an immunity from suit, rather than a mere defense to liability, it is imperative to resolv[e] immunity questions at the earliest violations of constitutional rights even in the absence of physical

Keith Anthony v. Richard Seltzer

696 F. App'x 79 · Court of Appeals for the Third Circuit · Jun 14, 2017

Qualified immunity involves a two-part inquiry. … nature of particular conduct is clearly established.”

William J. Bauers, Jr. v. Herbert T. Heisel, Jr

361 F.2d 581 · Court of Appeals for the Third Circuit · Jun 9, 1966

, when applied and coupled with Tenney, clearly indicate that judicial immunity was not abrogated by the Act. … The immunity of judges, from which the immunity of prosecutors is derivative, does not extend to acts which are clearly outside their jurisdiction. In Bradley v.

Government of the Virgin Islands v. Lee, Sidney

775 F.2d 514 · Court of Appeals for the Third Circuit · Oct 18, 1985

Since Senator Lee is asserting a legislative privilege, the burden of establishing the applicability of legislative immunity, by a preponderance of the evidence, rests with him. … If Senator Lee fails to establish that the trip as a whole is entitled to legislative immunity, the trial will proceed.

Juan Newland v. Lori Reehorst

328 F. App'x 788 · Court of Appeals for the Third Circuit · May 12, 2009

Qualified immunity protects officers’ action or inaction in the course of performing their duties, but that protection is forfeited when an officer’s conduct violates “clearly established statutory or constitutional rights … We choose to approach the qualified immunity question here by proceeding directly to the second prong of the Saucier analysis, whether the law was so clearly established that Parole Officer Reehorst’s conduct would have

Hubbard v. Taylor

399 F.3d 150 · Court of Appeals for the Third Circuit · Feb 23, 2005

assert qualified immunity, we remind the district court that the immunity claim must be resolved first. … Since qualified immunity is "an immunity from suit, rather than a mere defense to liability, it is imperative to resolv[e] immunity questions at the earliest possible stage in litigation." Saucier v.

Gail M. Kranson, Administratrix of the Estate of Harry Gritz, Deceased v. Valley Crest Nursing Home, A/K/A Luzerne County Institution District

755 F.2d 46 · Court of Appeals for the Third Circuit · Feb 12, 1985

Nurse Fretti clearly misunderstood the policy. If he failed to administer CPR because of an incorrect interpretation, that does not establish the nursing home’s liability under Monell . Dr. … It is clearly not irrational for the state legislature to conclude that providing immunity to municipally operated nursing homes is necessary to encourage their establishment and operation.

Ronald Muth v. Dennis Woodring

666 F. App'x 137 · Court of Appeals for the Third Circuit · Nov 15, 2016

It is the defendant official’s burden to establish that he is entitled to qualified immunity. Kopec v. Tate, 361 F.3d 772, 776 (3d Cir. 2004). … For efficiency, a court may elect to consider the “clearly established” prong first because, if that prong is not satisfied, then qualified immunity applies. Pearson v. Callahan, 555 U.S. 223, 242 (2009).

Doe v. Delie

257 F.3d 309 · Court of Appeals for the Third Circuit · Jul 19, 2001

But the state statute cannot “clearly establish” the federal right for qualified immunity purposes. … The Anderson court concluded that the officials were entitled to qualified immunity because, if such a right existed, it was not clearly established in 1992 nor in 1995. 8 Id. at 524 .

Gordon v. Lewistown Hospital

Court of Appeals for the Third Circuit · Sep 12, 2005

In order to qualify for HCQIA immunity, a professional review action must be taken: (1) in the reasonable belief that the action was in the furtherance of quality healthcare, (2) after … According to Gordon, in order to qualify its actions based on that conduct as a “professional review action” entitled to immunity under the HCQIA, the Hospital bore the burden to show that his conduct “could affect adversely

Genty v. Resolution Trust Corp.

937 F.2d 899 · Court of Appeals for the Third Circuit · Jul 8, 1991

Michigan Dep’t of State Police, 491 U.S. 58, 67 , 109 S.Ct. 2304, 2309 , 105 L.Ed.2d 45 (1989) (holding that Congress in passing the civil rights act did not intend to override well-established common law immunities and defenses … Brubaker is indeed a qualified expert toxicologist.

National Railroad Passenger Corp. v. Pennsylvania Public Utility Commission

848 F.2d 436 · Court of Appeals for the Third Circuit · Jun 6, 1988

. §§ 501-658 , establishing the National Railroad Passenger Corporation, a private corporation better known by its official nickname “Amtrak.” … not qualify as a real estate “tax”.

Salerno v. Corzine

449 F. App'x 118 · Court of Appeals for the Third Circuit · Oct 26, 2011

Qualified immunity protects government officials from civil liability for any action that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … However, it is well established that qualified immunity does not bar actions for prospective relief, such as an injunction or declaratory judgment. See, e.g., Hill v.

Donald Parkell v. Christopher Senato

704 F. App'x 122 · Court of Appeals for the Third Circuit · Jul 11, 2017

established rights and is not entitled to immunity.” … (emphasis in original). 11 While we “must not define clearly established law at a high level of generality,” al- Kidd, 563 U.S. at 742, we have clearly established a prisoner’s right to a religiously- motivated diet

Janet L. Evans v. Port Authority of New York and New Jersey Angelo Dinome Laura Toole Port Authority of New York and New Jersey, Janet L. Evans v. Port Authority of New York and New Jersey Angelo Dinome Laura Toole

273 F.3d 346 · Court of Appeals for the Third Circuit · Nov 28, 2001

She summarizes the evidence supporting the original verdict as follows: 41 [Evans'] testimony clearly established the invidious effect of race discrimination upon a human being.... … immunity from punitive damages under Section 1983.

City of Englewood v. Socialist People's Libyan Arab Jamahiriya

773 F.2d 31 · Court of Appeals for the Third Circuit · Nov 19, 1985

The County agency sought guidance from the New Jersey Attorney General, who expressed the opinion that the property did not qualify for tax exemption under governing treaties because the residence was acquired only for “occasional … activity upon which the claim is based, or (4) the execution relates to a judgment establishing rights in property— (B) which is immovable and situated in the United States: ■ Provided, That such property is not used for

Skehan v. Board of Trustees of Bloomsburg State College

590 F.2d 470 · Court of Appeals for the Third Circuit · Dec 21, 1978

The court also concluded that he had acted in a reasonable manner and had not violated clearly established constitutional rights with respect to either denial of due process. 431 F.Supp. at 1391 . … This followed from the fact that Nossen had established immunity to Skehan's claim for damages. 436 F.Supp. at 665 .

Schreiber v. Kellogg

Court of Appeals for the Third Circuit · Mar 17, 1995

As one treatise explained: [T]he trend of the last twenty-five years has been to limit and qualify spendthrift trusts, either by statute or by judicial decisions which create exceptions … Internal Revenue Serv., 622 F.2d 387, 390 (8th Cir. 1980) (noting the "well established legal principle that the income from a spendthrift trust is not immune from federal tax liens, notwithstanding any state laws or recognized

Donovan v. United States

580 F.2d 1203 · Court of Appeals for the Third Circuit · Jul 26, 1978

In order to determine if such a lawsuit is proper, we must assess whether the United States has granted a right to sue it for damages, for it “has long been established . . . that the United States, as sovereign, ‘is immune … In order to establish the predicate for mandamus relief here, plaintiff must demonstrate an actual failure by ECOM officials to carry out clearly defined official duties.

Patrick 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. … immunity.