Carswell v. Borough of Homestead
Court of Appeals for the Third Circuit
1Opinion of the Court
WEIS, Circuit Judge.
In suits under 42 U.S.C. § 1988 for damages against government officials for violation of constitutional rights, the Supreme Court recommends that the courts rule on the constitutional issue before reaching qualified immunity. In this case, after hearing all of the plaintiffs evidence at trial, the District Court assumed, but did not decide whether a constitutional violation had occurred and then granted immunity to a police officer. In the circumstances of this case, we conclude that this procedure was not reversible error and we will affirm on the merits of the immunity…
Also in this document: Concurring in part, dissenting in part.
2Cases cited49 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- City of Canton v. HarrisSupreme Court of the United States · 1989
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3Cited by97 opinions
- Kathleen Sanford, Individually and as Administratrix of the Estate of Michael R. Sanford v. Pamela Stiles Dennis Murphy East Penn School DistrictCourt of Appeals for the Third Circuit · 2006
- Elizabeth Harvey v. Plains Township Police Department Edward J. Walsh Ronald Dombroski Plains Township Board Joan A. ChukinasCourt of Appeals for the Third Circuit · 2005
- Curley v. KlemCourt of Appeals for the Third Circuit · 2007
- Couden v. DuffyCourt of Appeals for the Third Circuit · 2006
- Wright v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 2005
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