Dep’t of Corr. v. Lynn, 2023 Pa. LEXIS 1694, 2023 WL 8723690 (S. Ct. December 19, 2023) (Wecht, J.). This case involves an arcane and convoluted intersection of two statutes related to public employment. The Civil Service Reform Act (“CSRA”) establishes and governs the classified service, which is a merit-based system of public employment, and […]
Tag: Civil Rights
CIVIL RIGHTS-QUALIFIED IMMUNITY
Thomas v. City of Harrisburg, 2023 U.S. App. LEXIS 32207 (3d Cir. December 6, 2023) (Roth, C.J.). Sherelle Thomas sued the City of Harrisburg; PrimeCare Medical, Inc.; and several individual law enforcement officers (the Officers) on behalf of her decedent relative, alleging that defendants failed both to render medical care and to intervene to prevent […]
CIVIL RIGHTS-IMMUNITY-QUALIFIED IMMUNITY
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 […]
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 […]
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