Justia U.S. 3rd Circuit Court of Appeals Opinion Summaries

The Pennsylvania House of Representatives begins most legislative sessions with a prayer. Plaintiffs challenged two practices: the House invites guest chaplains to offer the prayer, but it excludes nontheists (those who do not espouse belief in a god or gods, though not necessarily atheists) from serving as chaplains on the theory that “prayer” presupposes a higher power and visitors to the House chamber pass a sign asking them to stand for the prayer, and the Speaker of the House requests that audience members “please rise” immediately before the prayer. At least once a House security guard pressured visitors who refused to stand. The Third Circuit upheld the practices as to the Establishment Clause because only theistic prayer can satisfy the historical purpose of appealing for divine guidance in lawmaking, the basis for the Supreme Court taking as a given that prayer presumes a higher power. Legislative prayer is government speech and not open to challenges under the Free Exercise, Free Speech, and Equal Protection Clauses. With respect to the statement “please rise” for the prayer, the court held that the single incident involving pressure from a security guard is moot. The sign outside the House chamber and the Speaker’s introductory request that guests “please rise” are not coercive. View "Fields v. Speaker of the Pennsylvania House of Representatives" on Justia Law

Englewood amended its ordinances to address aggressive antiabortion protests that had been regularly occurring outside of a health clinic that provided reproductive health services, including abortions. Some of the “militant activists and aggressive protestors” support violent reprisal against abortion providers. The ordinance restricted the use of public ways and sidewalks adjacent to healthcare facilities during business hours to persons entering or leaving such facility; the facility's employees and agents; law enforcement, ambulance, firefighting, construction, utilities, public works and other municipal agents within the scope of their employment; and persons using the public way solely to reach another destination. The ordinance created overlapping buffer zones at qualifying facilities. Turco, a non-aggressive “sidewalk counselor,” filed suit under 42 U.S.C. 1983, alleging violations of her First Amendment rights to freedom of speech, assembly, and association. The district court concluded that the statute was overbroad and not narrowly tailored to serve the government’s interest. The Third Circuit reversed, finding that genuine issues of material fact preclude the entry of summary judgment to either side. The buffer zones’ exact impact on the sidewalk counselors’ speech and the concomitant efficacy of their attempts to communicate is unclear. Turco admitted that she continued to speak with patients entering the clinic. The city considered and attempted to implement alternatives before creating the buffer zone. View "Turco v. City of Englewood" on Justia Law

The five Petitioners were convicted, among other offenses, of violating 18 U.S.C. 924(c)(1)(A), which proscribes the use or carry of a firearm during and in relation to a “crime of violence” or “drug trafficking crime,” as well as the possession of a firearm in furtherance of any such crime. Section 924(c)(3) defines “crime of violence” to mean a felony offense that “(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another” (elements clause) or “(B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense” (residual clause). Each petitioner filed a second or successive habeas petition under 28 U.S.C. 2255(h)(2) to challenge their sentences section 924(c), arguing that 924(c)(3)’s residual clause is unconstitutionally vague, given its textual similarity to the residual clauses found unconstitutional by the Supreme Court in Johnson v. United States, (2015), and Sessions v. Dimaya (2018). The Supreme Court subsequently found 924(c)(3)(B) unconstitutionally vague, United States v. Davis, (2019). The Third Circuit granted the petitions, noting that they are now timely under Davis, precluding the need for analysis of the applicability of Johnson and Dimaya. View "In re: Williams" on Justia Law

Inmate Mammana felt ill after eating and visited the medical ward. A physician assistant checked Mammana’s blood sugar level, and told Mammana “to return the following day after eating.” For several days, Mammana continued to feel ill after eating and returned to the medical ward. The physician assistant referred Mammana to Allenwood’s psychologist, who could not determine the cause of Mammana’s discomfort. Medical Assistant Taylor said she would not re-admit Mammana to the medical ward, despite having never examined Mammana. Nonetheless, Mammana was escorted back to the medical ward. After taking his blood pressure, Taylor accused him of “harassment, stalking, and interference with the performance of duties.” Mammana was transferred to administrative segregation. Mammana refused his assigned segregation cell and was placed into the “Yellow Room,” which was regarded as “mental and physical abuse.” Mammana was stripped of his clothing and given only “paper-like” coverings; the room had a “bright light” "24 hours a day” and was “uncomfortably cold.” Mammana had no bedding or toilet paper. Mammana continued to feel ill, yet his requests for medical treatment were refused. Mammana remained in the Yellow Room for four days. A hearing board eventually concluded “there was no basis” for Taylor’s report. Mammana remained in administrative segregation for four months after leaving the Yellow Room. The district court dismissed his claims under 42 U.S.C. 1983. The Third Circuit vacated the dismissal of his Eighth Amendment claim; Mammana has adequately alleged a sufficiently serious deprivation rather than merely “uncomfortable” conditions. View "Mammana v. Federal Bureau of Prisons" on Justia Law

The Pennsylvania Turnpike Commission sets and collects Turnpike tolls. Act 44 (2007) authorized the Commission to increase tolls and required it to make annual payments for 50 years to the PennDOT Trust Fund. Act 89 (2013) continued to permit toll increases but lowered the annual PennDOT payments. Plaintiffs, individuals and members of groups who pay Turnpike tolls, assert that since the enactment of Act 44, tolls have increased more than 200% and that the current cost for the heaviest vehicles to cross from New Jersey to Ohio exceeds $1800. Pennsylvania’s Auditor General found that the annual “costly toll increases place an undue burden” on Pennsylvanians and that “the average turnpike traveler will ... seek alternative toll-free routes.” More than 90 percent of Act 44/89 payments—approximately $425 million annually— benefit “non-Turnpike road and bridge projects and transit operations.” Plaintiffs sued, alleging violations of the dormant Commerce Clause and their right to travel. The Third Circuit affirmed the dismissal of the suit. The Intermodal Surface Transportation Efficiency Act, 105 Stat. 1914 permits state authorities to use the tolls for non-Turnpike purposes, so the collection and use of the tolls do not implicate the Commerce Clause. Plaintiffs have not alleged that their right to travel to, from, and within Pennsylvania has been deterred, so their right to travel has not been infringed. View "Owner Operator Independent Drivers Association, Inc. v. Pennsylvania Turnpike Commission" on Justia Law

Pennsylvania inmate Shifflett was attacked by fellow inmates who broke his jaw. The surgery on his jaw went badly, causing him intense pain for most of a year. He alleges he was denied adequate pain medication and given the run-around by different providers, each saying it was someone else’s responsibility. Shifflett claims he had still not received fully adequate corrective surgery over eight months later. The district court dismissed his suit under 42 U.S.C. 1983 for deliberate indifference to severe medical need in violation of the Eighth Amendment and retaliation in violation of the First Amendment, finding that he had not exhausted his administrative remedies within the prison system as required by the Prison Litigation Reform Act of 1996, 42 U.S.C. 1997e. The Third Circuit reversed and remanded with instructions to appoint counsel and to permit the filing of an amended complaint. A prisoner exhausts his administrative remedies as soon as the prison fails to respond to a properly submitted grievance in a timely fashion. Shifflett exhausted his remedies and acquired the right to file in federal court when the prison did not decide the initial appeal of his grievances within the time limits specified by the grievance policy. View "Shifflett v. Korszniak" on Justia Law

In 1987, Romansky was convicted of car theft-related crimes. His case worked its way through the Pennsylvania courts and eventually generated a federal habeas corpus petition. The district court denied “Romansky’s lengthy, multifaceted petition” and declined to grant a certificate of appealability. The Third Circuit granted a certificate of appealability on two issues. The court then affirmed, concluding that the petition is not timely under 28 U.S.C. 2244(d) as to claims concerning the events surrounding Romansky’s first trial in 1987. Romansky’s post-conviction claim as to that trial was not resolved until 1997; the limitations period would have expired one year later, in 1998. This petition, alleging that he was deprived of due process by the discrepancy between the conspiracy charge as described in the charging documents and the charge as presented to the jury, was not filed until 2009. The sentence imposed in 2000 after a retrial was not a new judgment on the undisturbed counts of conviction. Romansky was not denied the effective assistance of counsel when his lawyer during the 2000 retrial and resentencing refused to raise the issue of the 1987 conspiracy-charge discrepancy despite repeated requests that he do so. View "Romansky v. Superintendent Greene SCI" on Justia Law

In 1944, the Lehigh County Board of Commissioners unanimously adopted a county seal and agreed to purchase a flag depicting it. Commissioner Hertzog, who designed and voted for the seal, explained two years later: “in center of Shield appears the huge cross in canary-yellow signifying Christianity and the God-fearing people which are the foundation and backbone of our County.” The cross is partially obscured by a depiction of the Lehigh Courthouse and surrounded by many other symbols representing history, patriotism, culture, and economy. The seal appears on county-owned property and on various government documents, and on the county’s website. The district court found the seal unconstitutional under the Lemon test as modified by the endorsement test, after asking whether the cross lacked a secular purpose and whether a reasonable observer would perceive it as an endorsement of religion. The Third Circuit reversed, finding that the seal does not violate the Establishment Clause of the First Amendment under the Supreme Court’s 2019 decision in American Legion v. American Humanist Association. The court reasoned that a presumption of constitutionality applies to longstanding symbols like the Lehigh County seal and that the evidence does not show “discriminatory intent” in maintaining the symbol or “deliberate disrespect” in the design itself. View "Freedom From Religion Foundation v. County of Lehigh" on Justia Law

Furgess has myasthenia gravis, a neuromuscular disease that inhibits his ability to see, walk, speak, and lift. He arrived at the Albion, Pennsylvania prison in 2014 and was provided with an accessible shower stall and a cell closer to the medical and dining halls, and was fitted for leg braces. In December 2015, Furgess was moved to the Restrictive Housing Unit, which was not equipped with handicapped-accessible shower facilities. Furgess was not provided with an accessible shower nor was he escorted to the infirmary shower facilities. On March 7, Furgess filed an unsuccessful grievance. He was moved to a handicapped-accessible cell but was not provided access to a shower. On March 16, Furgess was escorted to a shower that was not handicapped-accessible. The hot water exacerbated his symptoms, so Furgess tried to leave the shower room. Without rails or safety bars, he slipped and was knocked unconscious. He is now confined to a wheelchair and suffers from headaches and back pain. Furgess filed another unsuccessful grievance, then filed suit under Title II of the ADA and Section 504 of the Rehabilitation Act. The Third Circuit vacated the dismissal of his claims. The provision of showers is a program, service, or activity under the ADA and the RA; Furgess has adequately alleged that he was denied a shower “by reason of” his disability and that the Department was deliberately indifferent in failing to provide him with a handicapped-accessible shower. View "Furgess v. Pennsylvania Department of Corrections" on Justia Law

In 2003, Cordaro and his co-defendant were elected as two of three Lackawanna County, Pennsylvania county commissioners. About 30 percent of Ackers’ business was municipal engineering, mostly for Lackawanna County. McLaine, Acker’s principal, expressed concerns to Cordaro's friend, Hughes. Hughes arranged a meeting, telling McLaine to bring a list of Acker's existing work for the county. McLaine’s list included the Lackawanna Watershed 2000 Program, a multi-year project based on a $30 million congressional grant; work on the Main Street and Gilmartin Street Bridges; work for several municipal authorities; and surveying, paving, and mapping. Cordaro stated, “I think I can let you keep that, . . . if we’re having fundraisers you’re going to have to participate and support us.” McLaine agreed. After becoming aware that Acker might lose two large contracts, McLaine called Hughes, who called Cordaro. Hughes asked, “how much money ... to give for the work.” Cordaro said, “maybe $15,000.” Hughes told McLaine that if he gave him $10,000 a month for Cordaro, Hughes could guarantee that Acker would keep its contracts and that he would lose his work if he did not pay. Payments began. In 2011, Cordaro was convicted of bribery, 18 U.S.C. 666(a)(1)(B); Hobbs Act extortion, section 1951(a); and racketeering, sections 1962(c) and (d). The court instructed the jury that those crimes required an “official act.” In 2016, the Supreme Court (McDonnell) clarified what constitutes an “official act.” The Third Circuit affirmed the rejection of Cordaro’s habeas corpus (28 U.S.C. 2241) because Cordaro cannot show that it is more likely than not that no reasonable juror properly charged under McDonnell would have convicted him. View "Cordaro v. United States" on Justia Law