United States Third Circuit - January 2003 Opinion Summaries

JOHN T. v. THE DELAWARE COUNTY INTERMEDIATE UNIT

Attorney's Fees, Civil Rights, Education Law, Remedies
Contempt order, based on the failure to comply with a preliminary injunction that was neither vague nor ambiguous, is affirmed under the Individuals...

ESTATE OF SMITH v. MARASCO

Constitutional Law, Government Law, Injury & Tort Law, Civil Rights
In a state-created danger claim under 42 U.S.C. section 1983, a jury could find that troopers placed decedent in a foreseeably dangerous position, but...

IN RE: PRANSKY

Bankruptcy Law, Civil Procedure, Tax Law
A taxpayer did not bring suit within 26 U.S.C. section 6532's two-year window of opportunity following the IRS's disallowance of his refund requests...

MARTINEZ-SANES v. TURNBULL

Constitutional Law, Elections, Government Law, Labor & Employment Law
Three government employees did not qualify as policy-makers under Virgin Islands law; hence, their First and Fourteenth Amendment rights were violated...

ANTHONY v. COUNCIL

Civil Rights, Constitutional Law, Family Law
The district court was correct in abstaining under the Younger doctrine, in a 42 U.S.C. section 1983 action brought by persons under child support...

ATKINSON v. TAYLOR

Civil Rights, Government Law, Health Law
Corrections officials and officers were not entitled to qualified immunity for an inmate's 42 U.S.C. section 1983 and Eighth Amendment environmental...

US v. WOODS

Criminal Law & Procedure, Evidence
In a federal carjacking case, testimony as to the tracing of a vehicle identification number through a federal crime database, to establish...

BROWN v. COMMONWEALTH OF PENNSYLVANIA DEP'T OF HEALTH EMERGENCY MED. SERVS. TRAINING INST.

Civil Rights, Constitutional Law, Health Law, Injury & Tort Law
Because states are not constitutionally obligated to provide rescue services to their citizens, nor are they constitutionally required to provide...

BANKS v. HORN

Constitutional Law, Criminal Law & Procedure, Sentencing, Habeas Corpus
Mills v. Maryland, 486 U.S. 367 (1988), did not announce a new rule of constitutional law for purposes of retroactivity, thus application of Mills on...

UNITED ARTISTS THEATRE CIRCUIT, INC. v. TOWNSHIP OF WARRINGTON

Civil Rights, Constitutional Law, Property Law & Real Estate, Government Law
The Supreme Court's decision in County of Sacramento v. Lewis, 523 U.S. 833 (1998), has superseded prior 3rd Circuit decisions holding that a...