Pa. Pro. Liability Joint Underwriting Ass’n v. Governor of Pennsylvania, 2024 U.S Dist. LEXIS 31801 (U.S. Dist. Ct. of App., 3d. Cir., December 16, 2024) (Jordan, J.) JORDAN, Circuit Judge. Nearly fifty years ago, in response to a medical malpractice [*2] insurance crisis in the state, the General Assembly of the Commonwealth of Pennsylvania established […]
Tag: Civil Rights
CIVIL RIGHTS-QUALIFIED IMMUNITY-CLEARLY ESTABLISHED LAW
Rivera-Guadalupe v. City of Harrisburg, 2024 U.S. App. LEXIS 32617 (3d. Cir. Court of App., December 24, 2024)(Krause, J.) We deny officers qualified immunity for violating clearly established constitutional rights—not for their failure to read tea leaves. This past year, the Supreme Court held in Chiaverini v. City of Napoleon that “the presence of probable […]
BIVENS ACTION-CIVIL RIGHTS-FALSE ARREST
Henry v. Essex County, 2024 U.S. App. LEXIS 21925 (U.S. Ct. of Appeals, 3d. Cir., August 29, 2024) (Ambro, J.) Plaintiff Judith Maureen Henry was arrested on a warrant for a different woman with the same name. She was detained for more than two weeks for a crime she did not commit. After release, Henry […]
CIVIL RIGHTS-TITLE IX-SEXUAL ASSAULT
McAvoy v. Dickinson Coll., 2024 U.S. Dist. LEXIS 20732 (U.S. Ct. of Appeals, 3d Cir., August 16, 2024) (Chagares, J.) Claim of violation of Title IX, as a result of college failing to respond appropriately to investigate sexual assault in a timely and adequate manner. Summary judgement granted District Court and upheld by Third Circuit. […]
CIVIL RIGHTS-SIGNS ON ONES PROPERTY-STATE CONSTITUTION
Oberholzer v. Galapo, 2024 Pa. LEXIS 1219 (Pa. Super. for Court of Common Pleas, August 20, 2024) (Doughtery, J.) The question was whether signs decrying hatred and racism, placed by a Jewish family on their own lawn – after a neighbor called one of them a “fucking Jew,” were properly enjoined by the trial court. […]
CIVIL RIGHTS-TITLE VI-RELIGIOUS DISCRIMINATION-ANTISEMITISM
Kestenbaum v. President & Fellows of Harvard Coll., 2024 U.S. Dist. LEXIS 139180 (U.S. Dist. Ct. for Dist. of Mass., August 6, 2024) (Stearns, J.) In this case, a Motion to Dismiss ungranted and denied each in part. The court found that there was standing, including associational standing. The court will not rule on whether […]
CIVIL RIGHTS-PRISONERS-EXHAUSTION OF ADMINISTRATIVE REMEDIES
Talley v. Clark, United States Court of Appeals for the Third District Circuit filed August 1, 2024. OPINION OF THE COURT HARDIMAN, Circuit Judge. Quintez Talley, a Pennsylvania inmate, appeals the District Court’s order dismissing his federal civil rights claims for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act (PLRA). […]
CIVIL RIGHTS-PROPERTY INTEREST-CHILD PROTECTION
Coon v. County of Lebanon, United States Court of Appeals for the Third Circuit filed August 5, 2024. A child was abused, and a claim was made that a child protection agency did not prevent the abuse. There is no property interest involved here. County agencies have a duty to Pennsylvania law to protect children […]
CIVIL RIGHTS-VACCINE MANDATE
Spivack v. City of Philadelphia, 2024 U.S. App. LEXIS 18611 (3d Cir. July 29, 2024) (Diamond, J.) Spivack v. City of Philadelphia, Third Circuit Court decided July 29, 2024. FREEMAN, Circuit Judge. Rachel Spivack worked at the Philadelphia District Attorney’s Office (DAO) and was subject to its COVID-19 vaccine mandate. The DAO denied her request […]
CIVIL RIGHTS-IMMUNITY-DISTRICT ATTORNEY
Harris v. Krasner, 2024 U.S. App. LEXIS 17913 (U.S. App. 3d Cir. June 6, 2024) (Hardiman, J.) Harris v. Krasner, United States Court of Appeals for the Third Circuit decided June 6, 2024. OPINION OF THE COURT HARDIMAN, Circuit Judge. Crystal Harris and her daughter, Kadeyja Dixon-Fowler, sued the City of Philadelphia and its District […]