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Tag: Civil Rights


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]