Case law

Farber v. City of Paterson

440 F.3d 131 · Court of Appeals for the Third Circuit · Mar 8, 2006

The Court explained that, while women generally constituted a "class" that might substantively qualify for § 1985(3) protection, 3 the subgroup of "`[w]omen seeking abortion' is not a qualifying class" because "the class … Keating reasoned that while today the Klan is seen primarily as a racist organization, in 1871 it was also "a political organization intent on establishing Democratic hegemony in the South." 706 F.2d at 387 .

Official Capacity as Court Administrator of Pennsylvania Alex Bonavitacola, Honorable, Individually and in His Official Capacity as President Judge, Court of Common Pleas Esther Sylvester, Honorable, Individually and in Her Official Capacity as Judge, Court of Common Pleas Family Division Vincent Fumo, Honorable, Individually and in His Official Capacity as Pennsylvania State Senator Joseph Diprimio, Individually and in His Official Capacity as Deputy Court Administrator Family Division, Domestic Relations Branch Robert Brady, Individually and in His Official Capacity as Chairman, Democratic City Committee John Morris, Individually and in His Official Capacity as Secretary Treasurer of Teamsters Local Union No. 115 Geoff Gallas

211 F.3d 760 · Court of Appeals for the Third Circuit · May 5, 2000

judgment against Gallas on the procedural due process claim to the extent that he based it on the alleged deprivation of a property interest; in this connection, the court concluded that there was insufficient evidence to establish … Where there is clearly no jurisdiction over the subject-matter any authority exercised is a usurped authority, and for the exercise of such authority, when the want of jurisdiction is known to the judge, no excuse is permissible

Timothy Shockley v. Ruth Minner

448 F. App'x 263 · Court of Appeals for the Third Circuit · Oct 18, 2011

The District Court denied the motion, and Governor Minner has appealed the denial of her claim of qualified immunity. … Governor Minner argues on appeal that she is entitled to qualified immunity because even if she made the contested promotional decision on the basis of gender— which she denies—such conduct did not violate clearly established

Shivwits Band Of Paiute Indians v. Utah

428 F.3d 966 · Court of Appeals for the Third Circuit · Nov 9, 2005

Second, unlike the tribe in Colville, the record in this case clearly establishes that the Band has a significant economic interest in the land at issue and the billboard advertising that is occurring thereon. … As noted, defendants have not challenged on appeal the district court's conclusion that the land at issue qualifies as "Indian country."

Gonzalez v. Young

560 F.2d 160 · Court of Appeals for the Third Circuit · Jul 15, 1977

. § 606 (e)(1) and 45 C.F.R. 233.120 by refusing to authorize emergency assistance in the amount of $163.00 "even though Julia Gonzalez is clearly entitled to same under Federal Law . . . ." … Moreover, the language of section 1343(3) clearly contemplates a distinction between rights secured by the Constitution and rights secured by "any Act of Congress."

In Re Grand Jury Investigation. Appeal of United States of America

599 F.2d 1224 · Court of Appeals for the Third Circuit · Jun 1, 1979

The burden was on plaintiff “to establish adequate reasons to justify production” of those statements. 329 U.S. at 512 , 67 S.Ct. at 394 . … Despite the sensitive nature of the materials sought in Natta , we did not believe that they were absolutely protected: Hickman grants to attorney’s work product a qualified immunity from discovery . .

Ronald Gillette v. Golden Grove Correctional

Court of Appeals for the Third Circuit · Jul 16, 2024

The government argues that we lack jurisdiction of Gillette’s appeal because the United States never waived its sovereign immunity. … In that case, the Circuit Court heavily qualified its application of the doctrine. Fid.

Solomon Carter v. Wetzel

Court of Appeals for the Third Circuit · Apr 2, 2025

Qualified Immunity As a legal principle, “qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … Polito is not entitled to qualified immunity on these facts because, by the time of the incident on November 17, 2016, it was clearly established that an inmate who poses no threat to safety or security and is complying with

Erie Castings Company v. Grinding Supply, Inc. And Acme Abrasive Company

736 F.2d 99 · Court of Appeals for the Third Circuit · Jun 12, 1984

In return, employers are immune from common law liability. Thus, through a series of trade-offs, the Act established an entirely new arrangement for workplace injuries. … The employer also has been given immunity from certain claims by third parties.

Children First Foundation, Inc. v. Legreide

259 F. App'x 444 · Court of Appeals for the Third Circuit · Dec 20, 2007

“Thus, ‘[u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.’” Id. … Thomas further clarified that, although “a plaintiff has no obligation to plead a violation of clearly established law in order to avoid dismissal on qualified immunity grounds,” “when a plaintiff, on his own initiative

West v. Keve

571 F.2d 158 · Court of Appeals for the Third Circuit · Feb 15, 1978

The complaint clearly alleges facts meeting the deliberate indifference test. … The record establishes that the operation has been performed, but it does not establish that the plaintiff is being provided with adequate post-operative treatment.

Frett v. Government Of The Virgin Islands

839 F.2d 968 · Court of Appeals for the Third Circuit · Feb 17, 1988

The case against the Governor was then dismissed based on qualified immunity. 1 The court reserved ruling on former Commissioner Felix in order to determine if he had statutory responsibility at the critical time. … The judgment appealed from will therefore be affirmed. 1 Since qualified immunity is an affirmative defense, dismissal on that ground may have been error.

Elizabeth M. Purcell v. Marion Stanley Kapelski

444 F.2d 380 · Court of Appeals for the Third Circuit · Jun 29, 1971

That decision would go far in establishing the law of New Jersey that would govern in this case, assuming that New Jersey state courts would apply New Jersey law. … But Im-mer and France represent far more fundamental changes in the view of the New *383 Jersey courts toward inter-spousal immunity, and reveal far more clearly than Sanchez the public policy of New Jersey in this area.

United States v. 92 Buena Vista Avenue

937 F.2d 98 · Court of Appeals for the Third Circuit · Jun 17, 1991

Therefore, despite the fact that the complaint was based, in part, on immunized testimony, the district court ruled that because the government established probable cause from other independent sources, it would not dismiss … Pellon, 475 F.Supp 467, 479 (S.D.N.Y.1979), the court distinguished “use” immunity from “transactional” immunity: The difference between transactional immunity and use immunity is that in the former, the witness is protected

Tristani Ex Rel. Karnes v. Richman

652 F.3d 360 · Court of Appeals for the Third Circuit · Jun 29, 2011

Nevertheless, the District Court denied Tristani’s and Valenta’s claims for monetary damages, holding that the Secretaries were entitled to qualified immunity. … immunity.

United Bonding Insurance Company, Third-Party v. Catalytic Construction Company, Third-Party

533 F.2d 469 · Court of Appeals for the Third Circuit · Mar 29, 1976

The evidence that this money was turned over to United Bonding was purely circumstantial; however, we cannot say that the district court’s finding was clearly erroneous. … On the other hand, the Supreme Court indicated in a tax immunity case that a “servant” in agency terms would qualify for the federal government’s exemption, thus implying that the AEC service contractors there were not agents

Gerard Rosano v. Township of Teaneck

754 F.3d 177 · Court of Appeals for the Third Circuit · Jun 10, 2014

) the employer must have established a qualifying work period." … We note first that the text of § 207(k) does not specify how an employer establishes a qualifying work period.

Simmons v. AAA East Central Century III Office

515 F. App'x 77 · Court of Appeals for the Third Circuit · Mar 15, 2013

Here, AAA and Sims are clearly private parties. … While a private party can qualify as a state actor when there “is a sufficiently close nexus” between the state and the private party’s conduct, id., Simmons has alleged no such connection here.

Bennett v. Murphy

274 F.3d 133 · Court of Appeals for the Third Circuit · Dec 5, 2001

The decision in Saucier addressed the qualified immunity defense in the Bivens context. … of the analysis to determine whether the constitutional right was clearly established.

Heilman v. United States

731 F.2d 1104 · Court of Appeals for the Third Circuit · Apr 10, 1984

Although the original misdiagnosis occurred during military service and thus was clearly precluded by Feres , Henning alleged that the doctors were further negligent in failing to warn him of his condition after discharge … By the same token, however, no reason exists for a court to stay further action, and thereby retain jurisdiction, where it clearly appears from the allegations of the complaint that coverage unquestionably obtains, i.e. where