entitled to an affirmative defense based on good faith and/or probable cause or that § 1983 suits against private, rather than governmental, parties could require plaintiffs to carry additional burdens.”); at 169-75 (Kennedy, J., joined by Scalia, J., concurring) (arguing in favor of a id. good faith defense); 521 U.S. at 413 (declining to determine or not . . . Richardson, “whether private defendants . . . might assert, not immunity, but a special defense”). Taking ‘goodfaith’ up the issue thus left open in the Third Circuit has held that actors are entitled to Wyatt, “private a defense of subjective good faith.” 20 F.3d Jordan v. Fox, Rothschild, O'Brien & Frankel, 1250, 1277 (3d Cir. 1994). The discussion in focused on the question in the context of a Jordan due process claim arising from a creditor’s execution on a judgment. at 1276 (explaining See id. that creditor's subjective appreciation that its act deprives the debtor of his constitutional right “a to due process” would show an absence of good faith).
entitled to an affirmative defense based on good faith and/or probable cause or that § 1983 suits against private, rather than governmental, parties could require plaintiffs to carry additional burdens.”); id. at 169-75 (Kennedy, J., joined by Scalia, J., concurring) (arguing in favor of a good faith defense); Richardson, 521 U.S. at 413 (declining to determine “whether or not . . . private defendants . . . might assert, not immunity, but a special ‘goodfaith’ defense”). Taking up the issue thus left open in Wyatt, the Third Circuit has held that “private actors are entitled to a defense of subjective good faith.” Jordan v. Fox, Rothschild, O'Brien & Frankel, 20 F.3d 1250, 1277 (3d Cir. 1994). The discussion in Jordan focused on the question in the context of a due process claim arising from a creditor’s execution on a judgment. See id. at 1276 (explaining that “a creditor's subjective appreciation that its act deprives the debtor of his constitutional right to due process” would show an absence of good faith).
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