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Publication Date: 2018-09-25
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1140
District court erred in ruling inmate failed to exhaust administrative remedies for constitutional claims where alleged threats from prison officials rendered remedies effectively unavailable and where highest administrative authority ruled on the merits of the inmate's prematurely filed claim. Order of the district court affirmed in part and vacated in part, case remanded.
Publication Date: 2018-09-25
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1140
District court erred in ruling inmate failed to exhaust administrative remedies for constitutional claims where alleged threats from prison officials rendered remedies effectively unavailable and where highest administrative authority ruled on the merits of the inmate's prematurely filed claim. Order of the district court affirmed in part and vacated in part, case remanded.
Publication Date: 2018-09-24
Practice Area: Civil Rights | Constitutional Law | Evidence
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Krause
Attorneys: For plaintiff: Robert J. Degroot (Ole Nekritin)
for defendant: Anthony P. Seijas (Cleary Giacobbe Alfieri & Jacobs); Matthew J. Lynch (Office of Attorney General of New Jersey, Division of Law); Robert P. Preuss (Office of Attorney General of New Jersey, Division of Law Tort Litigation and Judiciary); Christopher S. Porrino, Melissa H. Raksa, and Kai W. Marshall-Otto (Office of Attorney General of New Jersey)
Case Number: 17-2594
§1983 Conspiracy Claim Could Stand Where Plaintiff Alleged State Officials Engaged in After-the-Fact Coverup of Alleged Constitutional Violations
Publication Date: 2018-09-18
Practice Area: Civil Rights | Labor Law
Industry: Entertainment and Leisure
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1104
Bankruptcy court had jurisdiction over former employee's wrongful termination and hostile work environment claim stemming from allegations of racial discrimination where employee voluntarily filed a proof of claim against his employer's bankruptcy proceeding and litigated the matter to final judgment without objecting to jurisdiction. Order of the district court affirmed.
Publication Date: 2018-09-18
Practice Area: Civil Rights | Health Care Law
Industry: Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1112
District court properly dismissed appellant's claim that condominium failed to accommodate her needs in refusing to allow her to leave her walker in the lobby because she did not plausibly plead that she needed to leave it in the lobby and condominium offered four alternative accommodations that satisfied her medical needs. Affirmed.
Law Journal Press | Digital Book
Authors: Hon. William A. Dreier, Robert E. Bartkus
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Publication Date: 2018-09-10
Practice Area: Civil Rights | Constitutional Law | Criminal Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Ambro
Attorneys: For plaintiff: Craig Carpenito, United States Attorney, William F. Fitzpatrick, Acting United States Attorney, and Mark E. Coyne (Office of United States Attorney); Norman Gross, Assistant United States Attorney
for defendant: Lisa Van Hoeck (Office of Federal Public Defender)
Case Number: 17-2739
Officers Impermissibly Extended Traffic Stop After Confirming Driver's Authority to Drive and Resolving Original Motor Vehicle Code Violations
Publication Date: 2018-09-04
Practice Area: Civil Rights | Constitutional Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Fuentes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1052
Summary judgment on qualified immunity grounds reversed where police officer committed acts upon purported sexual assault victim that themselves could constitute indecent assault under state criminal law, and therefore constituted violation of a clearly established right. Summary judgment reversed, case remanded.
Publication Date: 2018-09-04
Practice Area: Civil Rights
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Kane
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1043
Defendants, divorcing wife and attorneys, moved to dismiss plaintiff husband's §1983 civil rights claims asserting deprivation of his due pro-cess and equal protection rights by using an emergency petition for special relief to interfere with his rights in a partnership business he owned with wife and court found that it lacked jurisdiction over any injury caused by the state court judgment and plaintiff's complaint was against private parties and did not allege state action. Motion granted.
Publication Date: 2018-08-28
Practice Area: Civil Rights
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Schwab
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1016
Department of corrections denied attorney's fees as prevailing party in preliminary injunction motion in §1983 action where court had yet to examine merits of plaintiff's prima facie case that alleged past and potential threats of sexual abuse by defendants. Defendants' motion for attorney's fees denied.
Publication Date: 2018-08-28
Practice Area: Civil Rights
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mannion
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1020
Monell claim dismissed with prejudice where plaintiffs failed to allege any facts indicating an adopted policy or custom to violate constitutional rights and failed to allege that individual defendants committed any constitutional violations. Defendants' motion to dismiss granted.
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