Legal Opinion

James J. Giuffre v. Nicholas Bissell Richard Thornburg Robert Smith Russ Leffert Sam Debella Richard Meyers County of Somerset

Court of Appeals for the Third Circuit

Decided August 4, 1994No. 93-5541PublishedCited by 151 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal requires us to revisit the doctrine of absolute and qualified immunity in order to determine if we may review at this time the district court’s order which denied summary judgment to the individual defendants. Insofar as the appellee Giuffre’s complaint alleges violations of his Fifth, Sixth, and procedural Fourteenth Amendment rights, we hold that the individual defendants are entitled to qualified immunity, and to that extent reverse the district court’s order. We also hold that the district court correctly denied absolute immunity at…

2Cases cited40 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Anderson v. CreightonSupreme Court of the United States · 1987
  4. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  5. Mitchell v. ForsythSupreme Court of the United States · 1985

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3Cited by151 opinions

  1. Johnson v. JonesSupreme Court of the United States · 1995
  2. Chavez v. MartinezSupreme Court of the United States · 2003
  3. Jones v. CannonCourt of Appeals for the Eleventh Circuit · 1999
  4. Odd v. MaloneCourt of Appeals for the Third Circuit · 2008
  5. Sylvia Ernst, in No. 93-1929 v. Child and Youth Services of Chester County Carol Schravazande Arden Olson Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. (Amended as Per the Court's 5/31/96 Order). Sylvia Ernst v. Child and Youth Services of Chester County Carol Schravazande Arden Olson, Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. Rita K. Borzillo, in No. 93-1930. (Amended as Per the Court's 5/31/96 Order). Sylvia Ernst v. Child and Youth Services of Chester County Carol Shravazande Arden Olson, Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. Rita K. Borzillo, Esq., (Amended as Per the Court's 5/31/96 Order)Court of Appeals for the Third Circuit · 1997

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