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

In 2022, New Jersey passed a law, N.J. Stat. 2C:58-33(a), that empowers only the state’s Attorney General to sue gun-industry members whose “unlawful … or unreasonable” conduct “contribute[s] to a public nuisance in [New Jersey] through the sale, manufacturing, distribution, importing, or marketing of a gun-related product.” It requires industry members to “establish, implement, and enforce reasonable controls” on these activities. The Attorney General has not attempted to enforce the law. Four months after the law was passed, the Foundation, a trade group of gun makers, retailers, and other industry members, filed suit, claiming that the law is preempted by the federal Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901–7903, and violates due process, the First and Second Amendments, and the dormant Commerce Clause. The Foundation moved for a preliminary injunction, attaching declarations that gunmakers “will continually be at risk of litigation and potential liability unless [they] cease[] doing business.” They gave no factual detail.The Third Circuit held that the challenges must be dismissed. “Pre-enforcement challenges are unusual,” the plaintiff must show that the stakes are high and close at hand. This suit “falls far short of even the “normal” pre-enforcement challenge.” A brand-new civil tort statute, without more, does not justify a federal court’s intervention. View "National Shooting Sports Foundation v. Attorney General New Jersey" on Justia Law

In 1985, Clark and Devose assaulted and kidnapped a postal worker at gunpoint, stripped him of his uniform, and restrained him in his truck. Disguised in the uniform, Devose gained entry to a banker’s home, where they held the banker’s 85-year-old mother-in-law and 19-year-old daughter at gunpoint and called the banker to demand ransom. Clark raped the girl. They saw police outside and fled. Devose pleaded guilty and agreed to testify against Clark.In 1990, Clark was convicted of two conspiracy offenses, attempted extortion, assault of a postal worker, kidnapping, theft of a postal vehicle, and using a firearm during a crime of violence--kidnapping (18 U.S.C. 924(c)). Clark was sentenced to life imprisonment plus five years for the firearm count, to be served consecutively, as section 924 required. The Sentencing Guidelines did not then apply. Clark filed an unsuccessful appeal and numerous unsuccessful collateral attacks. In 2019, the Supreme Court held that part of section 924(c)’s definition of “crime of violence” is unconstitutionally vague.In Clark’s successive 28 U.S.C. 2255 motion, the parties agreed that kidnapping does not qualify as a section 924(c) crime of violence. The district court vacated Clark’s 924 conviction but declined to conduct a full resentencing. The Third Circuit dismissed an appeal for lack of jurisdiction. As a matter of first impression, the court held that a certificate of appealability is required for a prisoner in federal custody to appeal a district court’s choice of remedy in a 28 U.S.C. 2255 proceeding. View "Clark v. United States" on Justia Law

Davis, a non-citizen, and Beckford, a U.S. citizen, met when they were children. In 1993, Davis was sentenced to life in prison for nonviolent drug convictions. When his sentence was reduced to 30 years in 2008, the two decided to marry. viewing marriage as an expression of their Christian faith. In 2012, Davis was moved to Moshannon Valley, a private prison that houses low-security alien inmates. The prison’s written policy for allowing marriage had certain behavioral requirements; the prison psychologist and other officials had to approve the request. Davis unsuccessfully challenged the denial of his marriage request through the prison’s administrative process. The Administrator of the Bureau of Prisons Privatization Management Branch informed Davis that marriage requests remained exclusively within the province of Moshannon officials. Davis learned that Moshannon had not approved a single request to marry during its contractual relationship. Davis’s sentence was later reduced to 27 years. He was deported after his release. Although their marriage would not have allowed Davis to challenge his deportation, Davis alleges that marriage to a U.S. citizen could provide a basis for other inmates to challenge their removals. Davis alleged that federal officials directed Moshannon officials to deny all inmate marriage requests to ensure that marriage to a citizen would not interfere with deportations. The district court dismissed claims under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb-1, under 42 U.S.C. 1985; and for intentional infliction of emotional distress. The Third Circuit vacated in part. Davis stated a RFRA claim. View "Davis v. Wigen" on Justia Law

This consolidated case concerns three appeals from orders entered by magistrate judges in the Western District of Pennsylvania in cases filed under 42 U.S.C. 1983. One case was involuntarily dismissed without prejudice for failure to prosecute; in the others, magistrates entered summary judgment for all defendants.Under 28 U.S.C. 636, precise limits govern a magistrate judge’s jurisdiction absent parties’ consent. A magistrate judge can oversee pretrial discovery even without the consent of the parties, but he cannot grant summary judgment or involuntarily dismiss a case; those limits dissolve if the parties voluntarily consent to a magistrate judge’s final judgment jurisdiction.The Third Circuit dismissed one appeal for lack of jurisdiction because all parties did not consent and, therefore, the magistrate judge lacked the power to involuntarily dismiss the case. However, the magistrate judges were empowered to enter summary judgment in the other cases because all parties either expressly or impliedly consented. The court then affirmed summary judgment based on the plaintiffs’ failure to exhaust administrative remedies. View "Prater v. Pennsylvania Department of Corrections" on Justia Law

Kramer’s then-wife, Terry, found a document on her husband’s computer that led her to believe that Kramer had engaged in sexual conduct with a minor. Later, Terry found photographs on Kramer’s cellphone depicting the victim engaged in sexual acts. Terry met with police, described the sexually explicit photographs, and showed them the document; she emailed the photographs to the police. The victim reported that Kramer had sexually abused her for years and had used his cellphone to take pictures of her engaged in sexual conduct. Kramer admitted to having a sexual relationship with the victim and to taking the photographs. With a warrant, law enforcement searched Kramer’s cellphone and eventually found videos and photographs depicting sexual acts involving the victim.Kramer was charged with sexual exploitation of children, 18 U.S.C. 2251(a). While in custody, he sent Terry a letter: “You crossed [the] line and it IS going to cost you,” repeatedly stating that he would have Terry arrested for her purported crimes. Kramer was then charged with attempted witness tampering, 18 U.S.C. 1512(b)(1). The Third Circuit affirmed Kramer’s convictions and 350-month sentence, upholding the denial of Kramer’s motion to suppress evidence. Terry conducted a private search of his cellphone and voluntarily provided the evidence to the government; the evidence was admissible without implicating the Fourth Amendment. The court properly denied Kramer’s motion to dismiss the attempted witness tampering charge. View "United States v. Kramer" on Justia Law

Johnsonburg, Pennsylvania Officer Cuneo learned that the St. Marys Police Department had a search warrant to obtain a DNA sample from Perez. Cuneo knew Perez, a local with a history of illegal drug use. A log entry instructed officers who saw Perez to “hold” him and call St. Marys. Cuneo knew that Perez’s DNA had been found at the scene of a recent drug house burglary. Cuneo inferred—mistakenly—that a “body” warrant also had been issued. Later, sitting in his cruiser, Cuneo spotted Perez. The men stood on the sidewalk, having a “friendly conversation.” When Cuneo mentioned the DNA warrant and told Perez he needed to take him into custody. Perez said he was going home and sprinted away.Cuneo pursued Perez. Perez says he was tased from behind without warning. Cuneo says he warned Perez to stop before tasing him. Perez fell forward, breaking his nose. Cuneo radioed for backup and medical assistance. Perez recovered; a physical altercation ensued. Cuneo repeatedly tased and struck Perez with his baton, then shot Perez in the back.In a suit under 42 U.S.C. 1983, Cuneo asserted qualified immunity in defense. The court denied Cuneo’s summary judgment motion as to his use of his firearm and the unlawful seizure claim. The Third Circuit reversed in part. Cuneo did not seize Perez during their initial encounter. The court remanded so Perez’s excessive force claim for Cuneo’s use of his firearm can proceed. View "Perez v. Borough of Johnsonburg" on Justia Law

Before Dante (age 2) died, his aunt, Mercado, filed a report with the Office of Children and Youth Services, which investigated Dante’s welfare. Bowie, who was dating Dante’s mother, was charged with murdering him. In criminal discovery, Bowie got documents from the investigation that were stored in a statewide database. He gave them to Mercado, who believed he was innocent. Mercado, wanting to blame Youth Services for failing to protect her nephew, started a Facebook group, “Justice for Dante.” and posted some of the documents. Bowie was acquitted. In the meantime, York County District Attorney Sunday charged Mercado with violating Pennsylvania’s Child Protective Services Law. The Law makes it a crime to willfully release or permit the release of any information contained in the Statewide child abuse database to persons or agencies not permitted to receive that information. The DA later dismissed the charge,Schrader, Dante’s grandmother, wants to publish documents generated during Youth Services’ investigation to further publicize Youth Services’ failures. She fears that she will be prosecuted if she does so. Invoking the First Amendment, she claimed that the Law is unconstitutional both on its face and as applied to her. The district court agreed with the as-applied challenge and preliminarily enjoined the prosecution of Schrader for sharing child-abuse documents concerning Dante. The Third Circuit vacated with instructions to narrow the injunction to eliminate a reference to "other documents" that may come into Schrader's possession. Under the content-focused test, the Law is likely unconstitutional as applied here. View "Schrader v. District Attorney York County" on Justia Law

In 2006, Mervilus, age 22, supported his mother, a cancer patient, and two younger siblings. Abreu accused Mervilus of robbing and stabbing him. Mervilus agreed to take a polygraph examination. Earlier that year, officers dismissed drug charges after a polygraph exam indicated he truthfully denied responsibility. New Jersey permitted polygraph results to be admitted at trial. The Union County Police Department’s only certified polygraph examiner, Kaminskas, conducted the exam. Kaminskas used the “Arther Method,” an “outlier in the polygraph world,” not accredited by the American Polygraph Association. The Method relies on subjective observations and assumptions, such as that certain ethnic groups do not experience any guilt when they lie. Kaminskas concluded Mervilus was deceptive. The only relevant question where Mervilus’s physiological responses signaled deception was a question for which Kaminskas insisted Mervilus change his answer. At trial Abreu failed to identify Mervilus, pointing to a different Black man. The court admitted the polygraph exam. Mervilus was convicted. In 2011, the conviction was overturned on the ground that Kaminskas’s testimony was improper and prejudicial.Mervilus sued Kaminskas, Chief Vaniska, and Union County, 42 U.S.C. 1983. The Third Circuit reversed the summary judgment rejection of those claims. Mervilus introduced sufficient evidence to try his fabrication-of-evidence claim against Kaminskas. His Monell claim against Union County is viable even if Kaminskas did not fabricate evidence; a jury might not render an inconsistent verdict if it found the County liable but Kaminskas not culpable. View "Mervilus v. Union County" on Justia Law

Student H.P.-B. resides with her adult cousin Q.T. within the geographical boundaries of Pottsgrove. H.P.-B. enrolled in Pottsgrove during the 2014–2015 school year. Q.T. does not have legal custody of H.P.-B—an August 2008 order grants primary physical and legal custody to H.P.-B.’s grandmother, E.E. Q.T. filed an IDEA due process complaint on H.P.-B’s behalf. The district court held that a straightforward application of C.F.R. 34 Section 300.30 (b)(2) “dictates that Q.T. does not qualify as H.P.-B.’s ‘parent’ for purposes of the IDEA.” Q.T., E.E., and F.P. appealed the district court’s order. Appellants argued that the district court erred by holding that Q.T. does not qualify as H.P.-B.’s parent for purposes of the IDEA and, thus that Q.T. is unable to file a due process complaint on H.P.-B.’s behalf.   The Third Circuit reversed and remanded. The court explained the district court erred in finding that Q.T. did not qualify as H.P.-B.’s parent and thus lacked standing to file a due process complaint on H.P.-B.’s behalf. The court reversed the district court’s decision and remanded with instructions to vacate the hearing officer’s order dismissing Q.T.’s due process complaint. The court explained there is ample evidence in the record that Q.T. was acting in the place of H.P.-B.’s natural parent, satisfying the third definition of “parent.” The record shows Q.T. affirmed that she was supporting H.P.- B. assumed all personal obligations related to school requirements for H.P.-B. and intended to keep and support H.P.-B. continuously, and not merely through the school year. View "Q. T. v. Pottsgrove School District" on Justia Law

Appellant and co-defendants were tried in connection with the armed robbery of a Philadelphia convenience store. The district court instructed the jury that each defendant could be convicted of Hobbs Act robbery under three alternative theories of liability: direct, aiding and abetting, or for participation in a Pinkerton conspiracy. The district court further instructed that defendants could be convicted under Section 924(c) based on either a direct or an aiding and abetting theory. The jury found all parties guilty on all counts in a general verdict, and the district court denied their motions for judgment of acquittal. Appellant argued that his conviction for Hobbs Act robbery must be vacated because the district court failed to charge the jury on those elements, and the Government failed to prove them.   The Third Circuit affirmed. The court held that the district court correctly charged the jury on the elements of Hobbs Act Robbery. The court explained the district court did not err in giving this jury instruction, and Appellant concedes that a reasonable jury, following this instruction, could have concluded that he aided and abetted co-defendant’s completed Hobbs Act robbery by intending to “facilitate the taking of the gun from the clerk.” Further, the court held that Appellant committed a crime of violence under 18 U.S.C. Section 924(c). The court wrote that Appellant indisputably brandished his firearm during co-defendant’s completed Hobbs Act robbery, and while the jury’s general verdict obscures whether Appellant’s Hobbs Act robbery conviction was based on an aiding and abetting or a Pinkerton theory of guilt, under either theory he is liable for committing a crime of violence. View "USA v. Abid Stevens" on Justia Law