Legal Opinion

Monteiro v. City of Elizabeth

Court of Appeals for the Third Circuit

Decided February 8, 2006No. 04-3756PublishedCited by 89 opinions

1Opinion of the Court

ROSENN, Circuit Judge.

This appeal presents the issue of whether, when entitlement to qualified immunity depends on a disputed issue of fact, it is proper to submit that question to a jury. Plaintiff Armenio T. Monteiro filed an action under 42 U.S.C. § 1983 against defendant Patricia Perkins-Auguste, alleging that when he was a member of the Elizabeth, New Jersey City Council, Perkins-Auguste, then President of the Council, violated his First Amendment rights by ejecting him from a public meeting of the Council and having him arrested on a disorderly persons charge on the basis of his…

2Cases cited19 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. Malley v. BriggsSupreme Court of the United States · 1986
  5. Hunter v. BryantSupreme Court of the United States · 1991

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3Cited by89 opinions

  1. ACUMED LLC v. Advanced Surgical Services, Inc.Court of Appeals for the Third Circuit · 2009
  2. Norse v. City of Santa CruzCourt of Appeals for the Ninth Circuit · 2010
  3. Galena Ex Rel. Erie County v. LeoneCourt of Appeals for the Third Circuit · 2011
  4. Francis Dougherty v. Philadelphia School DistrictCourt of Appeals for the Third Circuit · 2014
  5. Sri Int'l, Inc. v. Cisco Sys., Inc.Court of Appeals for the Federal Circuit · 2019

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