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 […]

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 […]

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. […]

Matrix Distrib. v. N.A. of Boards of Pharm., 2022 U.S. App. LEXIS 13517 (3rd Cir. May 19, 2022) (Ambro, C.J.)  Wholesale pharmaceutical distributors PriMed Pharmaceuticals, LLC and Oak Drugs, Inc. have sued two private entities, OptumRx and National Association of Boards of Pharmacy, under § 1983 for alleged violations of constitutional and federal law. Though […]

Cummings v. Keller, 2022 U.S. LEXIS 2230 (S. Ct. April 28, 2022) (Roberts, C.J.)  Congress has broad power under the Spending Clause of the Constitution to set the terms on which it disburses federal funds. “[L]egislation enacted pursuant to the spending power is much in the nature of a contract: in return for federal funds, […]

Jane Doe a Fictitious Name v. Loyalsock Township Sch. Dist., 2022 U.S. Dist. LEXIS 68665 (M.D. Pa. April 13, 2022) (Brann, J.)  From September 2013 through the summer of 2014, Jane Doe was sexually assaulted by her middle school basketball coach. She was not the first student this coach groomed and then victimized, and, in […]

Walker v. Coffey, 3d 2018 LEXIS 26684 (September 20, 2018) Roth, J.  Appellant Carol Lee Walker commenced this action under 42 U.S.C. § 1983. She alleges that Appellees—a prosecutor and a special agent employed by the Pennsylvania Office of the Attorney General (OAG)—violated her Fourth Amendment right to be free from an unreasonable search when […]

Kane v Barger, 2018 U.S. Court of Appeals, Third Cir., LEXIS 23575, (August 22, 2018) Fuentes, J.  On June 27, 2013, Brandy Kane went to the hospital and reported that she may have been the victim of a sexual assault. That night, Officer Shawn Barger of the Coraopolis Police Department went to the hospital to […]