Case law

Kaplun v. Attorney General of the United States

602 F.3d 260 · Court of Appeals for the Third Circuit · Apr 9, 2010

Two powerful and uncontroverted items of evidence establish the amount clearly and convincingly. … relative . . ., and whether the putative qualifying relative is actually a qualifying relative, will be reviewed by the Board only to determine if the immigration judge’s determination was clearly

Taharqa Dean v. Borough of Glassboro

Court of Appeals for the Third Circuit · Mar 22, 2023

qualified immunity. … “An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was ‘clearly established’ at the time of the challenged conduct.”

Gisela Carino v. Marc Stefan, Esq Butsavage & Associates, LLC

376 F.3d 156 · Court of Appeals for the Third Circuit · Jul 19, 2004

individuals in poor health and naming disinterested parties as the beneficiaries of the policies, and the company referred the charges against Carino to the Federal Bureau of Investigation (“FBI”). 1 Following the procedures established … However, her assertion that Stefan provided no services because he convinced her to withdraw her grievance rather than arbitrate it is clearly incorrect.

Leonard Young, Jr. v. Deputy Superintendent Greene S

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

Johnson v. Knorr

477 F.3d 75 · Court of Appeals for the Third Circuit · Feb 14, 2007

Nevertheless, according to Johnson, as he asserted in his brief opposing Knorr’s motion for summary judgment, the complaint and the subsequent motions “clearly advise[d] [Agent Knorr] of all of the facts of a constitutional … from suit based on the principles of sovereign immunity.

Massarsky v. General Motors Corp.

706 F.2d 111 · Court of Appeals for the Third Circuit · Apr 14, 1983

he was undisputably qualified for that position. … This evidence established that the Company policy with respect to GMI student immunity from layoff was in place sometime prior to Massarsky’s furlough and that it was not pretextual or a coverup for intentional discrimination

Children First Foundation, Inc. v. Legreide

373 F. App'x 156 · Court of Appeals for the Third Circuit · Apr 9, 2010

of clearly established rights. … A state actor who infringes on a plaintiff’s constitutional rights is entitled to qualified immunity if it appears that the challenged conduct “[did not] violate clearly established statutory or constitutional rights of

Wilcher v. City Of Wilmington

139 F.3d 366 · Court of Appeals for the Third Circuit · Mar 17, 1998

. § 1983 and damages for "invasion of privacy" under the state's tort law. 3 The district court granted summary judgment in favor of the individual defendants on the ground that they were entitled to qualified immunity and … Third, they appeal the district court's determinations regarding qualified immunity and state action. Fourth, they urge that, in denying the plaintiffs a jury trial, the district court misapplied our decision in Bolden.

Ticor Title Insurance v. Federal Trade Commission

998 F.2d 1129 · Court of Appeals for the Third Circuit · Jul 15, 1993

The order nevertheless contained a proviso that permits collective establishment of rates for title services in any of these state's if undertaken “pursuant to clearly articulated and affirmatively expressed state policy … The FTC did not challenge this Court's ruling in Ticor I that the New Jersey and Pennsylvania schemes satisfied the "clearly established policy” requirement of the state action doctrine. See infra at 1135-36. .

Sands v. McCormick

502 F.3d 263 · Court of Appeals for the Third Circuit · Sep 18, 2007

She contends that his actions were administrative in nature and hence absolute immunity is not applicable. … We need not reach the question of whether the district attorney’s actions fall within the scope of qualified immunity, however, because Sands has not alleged facts that amount to a constitutional violation.

Christopher Shorter v. United States

12 F.4th 366 · Court of Appeals for the Third Circuit · Sep 1, 2021

We disagreed, 11 reiterating that under our case law and the Supreme Court’s longstanding precedent in Farmer, a federal prisoner “ha[s] a clearly established constitutional right to have … We 9 Defendants also argue we should affirm the dismissal of the complaint on qualified immunity grounds, an issue the District Court never reached.

Children's Health Defense Inc. v.

93 F.4th 66 · Court of Appeals for the Third Circuit · Feb 15, 2024

Code § 8:57-6.4, is the implementing regulation that authorizes state universities “to establish additional requirements for student immunizations and documentation that [they] shall determine appropriate,” if, as here, the … Code § 8:57-6.16 (directing institutions to maintain student records of immunization or “laboratory evidence of immunity”).

Brown v. Monsanto Co.

916 F.2d 829 · Court of Appeals for the Third Circuit · Sep 20, 1990

He testified that as a general proposition, PCBs damage the immune systems of humans and animals because they alter the cell production and replenishment rate of immune cells, and impair the survivability of those cells. … Evid. 702, qualify an expert as such.

Draper v. Airco, Inc.

580 F.2d 91 · Court of Appeals for the Third Circuit · Jun 28, 1978

Heavner was described as establishing a “limited and special exception” which was not applicable. Id. at 333. See also Mellk v. … Heintz Manufacturing Co., 385 Pa. 296 , 122 A.2d 699 (1956), as establishing its immunity from suit is misplaced. That case provides no immunity for an employer who does not otherwise qualify as a statutory employer.

Marshall v. Hendricks

307 F.3d 36 · Court of Appeals for the Third Circuit · Sep 11, 2002

Thus, such a holding would require a further expansion of Brady, possibly beyond what we would consider "clearly established law" even now, and certainly beyond"clearly established law" as of the time Marshall’s conviction … established federal law").

In Re Grand Jury Proceedings, Subpoenas Duces Tecum "A", "B", "C", "D", and "E", and Subpoenas of Helen Sills and Nancy Doyle. Appeal of Henry J. Cianfrani, Intervenor in 77-1970, 77-2051/2/3. Appeal of Thomas J. Kalman, in No. 77-1971

563 F.2d 577 · Court of Appeals for the Third Circuit · Nov 8, 1977

The Constitution establishes an immunity for aberrations in a representative's legislative activities, but members of Congress become mere mortals when they operate in more mundane fields." 544 F.2d at 880 . 36 In our view … United States, 425 U.S. 973 , 96 S.Ct. 2171 , 48 L.Ed.2d 796 (1976), was clearly correct in rejecting the contention that there is an evidentiary privilege such as the majority proposes to establish. 1 Professor Cella in

Kelly Fanti v. Richard Weinstock

629 F. App'x 325 · Court of Appeals for the Third Circuit · Oct 9, 2015

turns on whether there was a violation of a constitutional right that was clearly established. … As government officials, Appellees are entitled to qualified immunity from § 1983 claims for damages unless (1) the facts alleged show the violation of a constitutional right, and (2) the right at issue was “clearly established

Independent Enterprises Inc. Thomas Lozecki v. Pittsburgh Water and Sewer Authority City of Pittsburgh

103 F.3d 1165 · Court of Appeals for the Third Circuit · Jan 9, 1997

Section 1983 was not intended to override Veil established immunities or defenses under common law.’” Bolden, 953 F.2d at 816. … Second, the Will Court also recognized that “in enacting § 1983, Congress did not intend to override well-established immunities under the common law.” 491 U.S. at 67 , 109 S.Ct. at 2310 .

Marshall v. Hendricks

307 F.3d 36 · Court of Appeals for the Third Circuit · Sep 11, 2002

Thus, such a holding would require a further expansion of Brady , possibly beyond what we would consider "clearly established law" even now, and certainly beyond "clearly established law" as of the time Marshall's conviction … Because we are examining to see whether the New Jersey Supreme Court's analysis "resulted in a decision" that was either "contrary to, or involved an unreasonable application of, clearly established Federal law," we believe

Cooper v. Southeastern Pennsylvania Transportation Authority

548 F.3d 296 · Court of Appeals for the Third Circuit · Nov 26, 2008

The subfactors here do not point clearly in one direction. Certain attributes of SEPTA under state law weigh against immunity. Under its enabling statute, SEPTA has (1) a separate corporate existence, 74 Pa. … This new chapter established the Public Transportation Trust Fund ("PTTF”), from which public transit entities throughout the state may apply for and receive funding. See id. § 1506.