Rush v. City of Philadelphia, 2023 U.S. App. LEXIS 22926, 2023 WL 5600970 (3d Cir. August 30, 2023) (Restrepo, C.J.) As a reviewing court, we must often avoid the temptation to delve into factual inquiries that are beyond our ken. Our jurisdictional rules require us to exercise such restraint in reviewing this interlocutory appeal, taken […]
Tag: Civil Rights
CIVIL RIGHTS-RFRA
Davis v. Wigen, 2023 U.S. App. LEXIS 20133 (3d Cir. August 4, 2023) (Smith, C.J.) Plaintiff-Appellants are a former federal inmate, Brian Davis, and his fiancée, Fredricka Beckford. Davis served four years of his sentence at Moshannon Valley Correctional Center, a private prison that primarily houses alien inmates. During that time, he submitted a request […]
CIVIL RIGHTS-FALSE POLYGRAPH
Mervilus v. Union Cnty., 2023 U.S. App. LEXIS 17760 (3d Cir. July 13, 2023). Emmanuel Mervilus sued Detective John Kaminskas for fabricating polygraph evidence and Kaminskas’s supervisors for failing to train or supervise his polygraph work. We decide two principal questions. First, did Mervilus introduce sufficient evidence to try his fabrication-of-evidence claim against Kaminskas? We […]
CIVIL RIGHTS-RELIGION-REASONABLE ACCOMMODATION
Groff v. DeJoy, 2023 U.S. LEXIS 2790 (S. Ct. June 29, 2023) (Alito, J.) Title VII of the Civil Rights Act of 1964 requires employers to accommodate the religious practice of their employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” 78 Stat. 253, as amended, 42 U. […]
ABSTENTION-YOUNGER ABSTENTION-CIVIL RIGHTS
Borowski v. Kean Univ., 2023 U.S. App. LEXIS 12889 (3d Cir. May 25, 2023) (Phipps, C.J.) After a public university in New Jersey terminated an adjunct professor’s employment, she filed an administrative appeal with the New Jersey Civil Service Commission. The Commission dismissed that challenge on jurisdictional grounds. Instead of appealing that ruling in the […]
CIVIL RIGHTS-ONE ON ONE SCHOOL STUDENT HARASSMENT
Swisher v. Jersey Shore Area Sch. Dist. Bd. of Directors, 2023 U.S. Dist. LEXIS 83260, 2023 WL 3396579 (M.D. Pa. May 11, 2023) (Brann, J.). This case involved bullying of student by student and a consequent case against the school district for inadequate training, not responding to complaints by the parents, and the like. The […]
CIVIL RIGHTS-BIVENS-FBI MISCONDUCT
Xiaoxing Xi v. Haugen, 2023 U.S. App. LEXIS 12784 (3d Cir. May 24, 2023) (Krause, C.J.). Not all rights have remedies, even when they are enshrined in the U.S. Constitution. So where Congress has opted to remedy specific rights in specific circumstances, we hesitate to interfere with that judgment by implying our own remedies or […]
CIVIL RIGHTS-ABORTION
Dobbs v. Jackson Women’s Health Org., 2022 U.S. LEXIS 3057 (S. Ct. June 24, 2022) (Alito, J.) this Court decided Roe v. Wade, 410 U. S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147. Even though the Constitution makes no mention of abortion, the Court held that it confers a broad right to obtain one. It […]
CIVIL RIGHTS-MIRANDA
Vega v. Tekoh, 2022 U.S. LEXIS 3053 (S. Ct. June 23, 2022) (Alito, J.) This case presents the question whether a plaintiff may sue a police officer under Rev. Stat. §1979, 42 U. S. C. §1983, based on the allegedly improper admission of an “un-Mirandized” statement in a criminal prosecution. The case arose out of the interrogation […]
CIVIL RIGHTS-BIVENS ACTION-BORDER PATROL AGENTS
CIVIL RIGHTS-BIVENS ACTION-BORDER PATROL AGENTS Egbert v. Boule, 2022 U.S. LEXIS 2829 (June 8, 2022) (Thomas, J.) In Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971), this Court authorized a damages action against federal officials for alleged violations of the Fourth Amendment. […]
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