Legal Opinion · Concurring in part, dissenting in part
Keystone Redevelopment Partners, LLC v. Decker
Court of Appeals for the Third Circuit
Decided January 7, 2011No. 10-1054Published
1Concurring in part, dissenting in partFisher, Circuit Judge
Though I agree with the judgment to reverse and remand the District Court’s decision, I disagree with my colleagues’ broad interpretation of quasi-judicial immunity. I therefore write separately.
The majority holds that the Pennsylvania Gaming Control Board’s (“Board”) decision to grant two Category 2 gaming licenses was a judicial act subject to absolute immunity. This expands the notion of “judicial.” The Supreme Court has “been quite sparing in [its] recognition of absolute immunity, ... and h[as] refused to extend it any farther than its justification would warrant.” Burns v. Reed, 500…
2Cases cited36 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Pearson v. CallahanSupreme Court of the United States · 2009
- Anderson v. CreightonSupreme Court of the United States · 1987
- Imbler v. PachtmanSupreme Court of the United States · 1976
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