Case law

Braden v. University of Pittsburgh

477 F.2d 1 · Court of Appeals for the Third Circuit · Apr 11, 1973

substance that the defendants have enacted and effected policies and practices of unlawful and systematic exclusion of and discrimination against women by hiring them at lower rank and *3 lesser pay than similarly-trained and qualified … The position of the district judge with regard to the pendent jurisdiction issue is clearly correct if in fact there was no federal jurisdiction.

Rouse v. Plantier

182 F.3d 192 · Court of Appeals for the Third Circuit · Jun 29, 1999

Turning to defendants' qualified immunity defense, the District Court held that the right at issue was clearly established and that the defendants had failed to demonstrate the reasonableness of their actions. … in light of the clearly established law and the information the official possessed.

United States Ex Rel. Sanders v. American-Amicable Life Insurance

545 F.3d 256 · Court of Appeals for the Third Circuit · Oct 29, 2008

For support, Sanders notes that sovereign immunity bars creditors from attaching or garnishing funds in the Treasury. See Buchanan v. … Unless a *260 FCA relator establishes the former, the latter is irrelevant. 5 . FCA liability under § 3729(a) clearly extends to parties that cause some third person to submit a false claim to the government.

International Raw Materials, Ltd. v. Stauffer Chemical Co.

978 F.2d 1318 · Court of Appeals for the Third Circuit · Oct 30, 1992

We hold that where, as here, the alleged conspiracy between immune and non-immune parties is unrelated to the plaintiff's cause of action, the plaintiff has no standing to challenge the defendant's immunity on the basis of … Although Hall-Buck warranted that the terminal would be operated "in a safe, efficient, and lawful manner, by properly qualified, careful and efficient workers, in conformity with the best practices of this type of work,"

Thaddeus Thomas v. Governor of New Jersey

655 F. App'x 82 · Court of Appeals for the Third Circuit · Jul 15, 2016

established rights. . . .Thus, crucial to the resolution of any assertion of qualified immunity is a careful examination of the record . . . to establish, for purposes of summary judgment, a detailed factual description … immunity doctrine is whether each “official’s duties legitimately require action” implicating clearly established rights.

In Re: NFL Players' Concussion v.

962 F.3d 94 · Court of Appeals for the Third Circuit · Jun 12, 2020

Second, as we have already explained, the Settlement Agreement establishes that former players must have a qualifying diagnosis to be eligible for a monetary award pursuant to the Settlement Agreement. … did not constitute amendments, was not clearly erroneous.

Shemtov Michtavi v. William Scism

Court of Appeals for the Third Circuit · Oct 19, 2015

Appellants appeal that order, and we conclude that they are entitled to qualified immunity because a prisoner’s right to treatment of retrograde ejaculation, infertility, or erectile dysfunction is not clearly established … She also concluded that the Defendants were not entitled to qualified immunity because Eighth Amendment jurisprudence clearly establishes that prison officials may not be indifferent to a serious medical need.

PA Fedr Sportsmens v. Seif

Court of Appeals for the Third Circuit · Jul 24, 2002

the federalism established by the Act. … In order to qualify for the _________________________________________________________________ Young doctrine. 521 U.S. at 270-74.

Cedric Paige v. City of New Brunswick

680 F. App'x 107 · Court of Appeals for the Third Circuit · Feb 21, 2017

If the right in question was not clearly established at the time of the incident, then the defendant is entitled to qualified immunity regardless of whether the conduct in question did in fact amount to a violation of … In this regard, we have explained that a District Court “may not deny a summary judgment motion premised on qualified immunity without deciding that the right in question was clearly established at the time of the alleged

Geraldine Johnson v. City of Philadelphia

837 F.3d 343 · Court of Appeals for the Third Circuit · Sep 20, 2016

Such cannot be said of Officer Dempsey here, as New-suan was clearly unarmed and had not been exhibiting violent conduct prior to their interaction. … Enyart, 5 F.3d 230 (7th Cir. 1993) (officer who jumped in front of a speeding car, then used deadly force to stop driver, would not be entitled to qualified immunity). .J.A. 244. .

Keystone Aeronautics Corporation, a Corporation v. R. J. Enstrom Corporation, a Corporation v. Foundry Allied Industries, Inc., a Corporation

499 F.2d 146 · Court of Appeals for the Third Circuit · Jun 26, 1974

Union Carbide Corp., 422 F.2d 1205 (3d Cir. 1970), said: “ . . . the provisions and terms of the contract [must] clearly and unequivocally spell out the intent to grant such immunity and relief from liability.” … No discovery was had, nor were there any affidavits filed to establish whether the “purchase agreement” was only a part of a more comprehensive contract.

Government of the Virgin Islands v. Raymond Williams

892 F.2d 305 · Court of Appeals for the Third Circuit · Dec 27, 1989

We find little difficulty in concluding that the claim advanced by Williams is jurisdictional in nature, and thus is immunized from the general rule of waiver. … finding of fact by the trial court which may not be set aside unless it is clearly erroneous.”

United States of America, and Bernard O. Peller, Special Agent, Internal Revenue Service v. Norman H. Egenberg

443 F.2d 512 · Court of Appeals for the Third Circuit · May 26, 1971

The conclusion of the district court that the Government failed to meet the very *516 minimal showing of relevancy required by § 7602 is clearly erroneous. … It required the officer to testify because he had been granted immunity. In Wilson v.

John Bright v. Westmoreland County

443 F.3d 276 · Court of Appeals for the Third Circuit · Apr 4, 2006

This theory of liability based solely on a failure of the state to act is clearly foreclosed by DeShaney . … Local agencies are given broad immunity in 42 Pa. Cons.Stat. § 8541 which is qualified by eight exceptions that do not apply to this case.

Brawer v. Horowitz

535 F.2d 830 · Court of Appeals for the Third Circuit · May 12, 1976

The policy arguments supporting common-law witness immunity obtain equally to immunize a single witness from a Bivens type action. … Section 1985(2) clearly reaches private action. See Griffin v. Breckenridge, 403 U.S. 88, 96-101 , 91 S.Ct. 1790, 1795-1797 , 29 L.Ed.2d 338, 344-347 (1971).

Maldonado v. Houstoun

157 F.3d 179 · Court of Appeals for the Third Circuit · Sep 9, 1998

[is] between newcomers and the established residents of the new state"); cf. Hicks v. … Accordingly, the Privileges and Immunities Clause has no application to the issues presented by this appeal

Rex v. Cia. Pervana De Vapores, S. A.

660 F.2d 61 · Court of Appeals for the Third Circuit · Sep 17, 1981

Although the district court held that the appellant qualifies as both an “instrumentality of a foreign state” under 28 U.S.C. § 1603 (a) and a “citizen” of a foreign state under 28 U.S.C. § 1332 (a)(2), we conclude that the … Since there is no generally applicable jury trial right that attaches when the United States consents to suit, the accepted principles of sovereign immunity require that a jury trial right be clearly provided in the legislation

United States v. Charles Curcio

278 F.2d 95 · Court of Appeals for the Third Circuit · Apr 13, 1960

First we should make very clear the firmly established position of the federal courts with reference to the 1956 , TT law. … The purported meaning of the above is amazingly presented in the appellant’s , . „ . , . . ,. , , f, , ,, brief as This clearly indicated that the „ , , Court, by its order, did not give the appellant immunity from State

United States v. Leta Moore

469 F.2d 788 · Court of Appeals for the Third Circuit · Oct 19, 1972

parental immunity. … For, as the Federal Government has the exclusive power to establish and define the relationship by virtue of its military and other powers, equally clearly it has power in execution of the same functions to protect the relation

Monte Blair v. City of Pittsburgh

711 F. App'x 98 · Court of Appeals for the Third Circuit · Sep 28, 2017

Qualified immunity is appropriate if the officers’ conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Berg v. … Our precedent instructs that the Officers’ conduct did not violate Blair’s clearly established constitutional rights.