Civil Rights

July 23rd, 2019 by Rieders Travis in Civil Rights

CIVIL RIGHTS-POLICE POWERS-EMERGENCY DECLARATION Friends of Devito v. Wolf, 2020 Pa. LEXIS 1987 (April 13, 2020) Donohue, J.  A number of people challenged the Governor’s emergency proclamation.  The court swept aside all of the challenges.  The Supreme Court of Pennsylvania found that there was statutory jurisdiction for the emergency declaration to close businesses and that there were no constitutional infirmities.  The court basically predicated this on police powers.  The police powers test from the U.S. Supreme Court was relied upon.  The constitutional challenges addressed due process and that the orders were vague and capricious and that there was a lack of due process in enacting the order by the Governor.  The court dismissed that claim.  The court said that the emergency proclamation is a taking without compensation under the Fifth Amendment.  The court said that did not apply.  Interestingly enough, this was not a unanimous opinion but rather Justices Baer, Todd and Wecht joined Munley.  Chief Justice Saylor filed a concurring and dissenting opinion with Justices Dougherty and Mundy.        CIVIL RIGHTS-POLICE MISCONDUCT-SUICIDE-AMERICANS WITH DISABILITIES ACT Haberle v. Borough of Nazareth, 3rd Cir. No. 18-3429 (August 29, 2019).  SCIRICA, Circuit Judge…