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 […]
Tag: Civil Rights
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 […]
CIVIL RIGHTS-90 DAY FILING PERIOD
Hayes v. N.J. Dept. of Hum. Servs., 2024 U.S. App. LEXIS 17768 (U.S. App. 3d Cir. July 19, 2024) (Freeman, J.) Hayes v. N.J. Dept. of Hum. Servs., United States Court of Appeals for the Third Circuit decided, July 19, 2024. OPINION OF THE COURT FREEMAN, Circuit Judge. Cephia Hayes sued her employer for sexual […]
CIVIL RIGHTS-FILING DATES-JURISDICTIONAL
Harrow v. DOD, 2024 U.S. LEXIS 2171 (S. Ct. May 16, 2024) (Kagan, J.). A federal employee subjected to an adverse personnel action may complain to the Merit Systems Protection Board. If the Board rules against him, he may appeal to the Court of Appeals for the Federal Circuit “within 60 days.” 5 U. S. […]
CIVIL RIGHTS-TITLE VII-TRANSFERENCE OF JOB-SEX DISCRIMINATION
Muldrow v. City of St. Louis, 2024 U.S. LEXIS 1816 (S. Ct. April 17, 2024) (Kagan, J.). Sergeant Jatonya Clayborn Muldrow maintains that her employer, the St. Louis Police Department, transferred her from one job to another because she is a woman. She sued the City of St. Louis under Title VII, alleging that she […]
CIVIL RIGHTS-STATE ACTION-FACEBOOK POSTING
Lindke v. Freed, 218 L. Ed. 2d 121 (March 15, 2024) (Barrett, J.). Like millions of Americans, James Freed maintained a Facebook account on which he posted about a wide range of topics, including his family and his job. Like most of those Americans, Freed occasionally received unwelcome comments on his posts. In response, Freed […]
CIVIL RIGHTS-IMMUNITY-PROSECUTORIAL IMMUNITY
Roberts v. Lau, 2024 U.S. App. LEXIS 764, 2024 WL 120177 (3d Cir. January 11, 2024) (Montgomery-Reeves, C.J.). Larry Trent Roberts spent 13 years in prison for a murder that he did not commit. After being exonerated, Roberts sued several state actors involved in obtaining his wrongful conviction, including Assistant District Attorney John C. Baer. […]