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

Zabielski robbed PNC Bank. Footage from security tapes demonstrates that Zabielski was not disoriented.‖ He approached the teller with a note that read: “$10,000,” stating only that he needed the money within two minutes. The teller noticed a bulge in Zabielski‘s jacket pocket, and thought that he might have a gun or a knife. She gave him $4,767. Zabielski told people about the robbery. His mother convinced him to return the money. He mailed $3,790 to the bank. Images from security cameras were provided to local media, and Zabielski was identified. He initially lied, but a year later pled guilty to bank robbery, 18 U.S.C. 2113(a). With a two-level enhancement for making a threat of death (USSG 2B3.1(b)(2)(F)), an offense level of 21, and a criminal history category of I, Zabielski‘s advisory Guidelines range was 37 to 46 months. Zabielski objected to the enhancement and requested a downward variance, claiming that he suffered from bipolar disorder and had resumed treatment since the robbery. The district court rejected his arguments, but imposed a sentence of 24 months. The Third Circuit affirmed, holding that application of the enhancement was harmless error and that Zabielski‘s sentence was not substantively unreasonable. View "United States v. Zabielski" on Justia Law

A parole officer, knowing that Benjamin‘s license was suspended, observed Benjamin driving. He organized a search of the house where Benjamin lived with Esprit. In the bedroom, agents found hearing and eye protection, targets, a postcard with Benjamin‘s name and address, a handgun trigger lock, ammunition, car titles in the name of Burch, a Burch driver‘s license, an identification card for Benjamin, Benjamin‘s social security card, and receipts on an auto loan for Burch. Agents found a notebook that, according to expert testimony, contained illegal drug information, and a digital cooking scale. There was a loaded handgun in the basement, with Esprit’s permit. In ceiling joists, agents found 6.62 grams of cocaine base and 326.93 grams of marijuana. Benjamin was convicted of possession with intent to distribute five grams or more of cocaine base, 21 U.S.C. 841(a)(1), (b)(1)(B); possession with intent to distribute marijuana, 21 U.S.C. 841(a)(1), (b)(1)(D); and possession of a firearm by a felon, 18 U.S.C. 922(g)(1) and sentenced to 20 years. The Third Circuit remanded with respect to sentencing on the firearm conviction, but otherwise affirmed, rejecting challenges to sufficiency of the evidence, to the constitutionality of the felon-in-possession statutes, and to rulings allowing references to his parole. View "United States v. Benjamin" on Justia Law

Under the “Hyde Amendment,” a district court in criminal cases may award to a prevailing party a reasonable attorney’s fee and other litigation expenses, if the position of the United States was vexatious, frivolous, or in bad faith, unless the court finds special circumstances, 18 U.S.C. 3006A. The district court denied such an award in a case involving four counts of conspiring and attempting to commit extortion, 18 U.S.C. 951(a) & 2 (Hobbs Act), and two counts of traveling in interstate commerce to promote and facilitate bribery, 18 U.S.C. 1952(a)(3) & 2 (Travel Act). The government alleged that Manzo, a candidate for mayor of Jersey City, sought cash payments from Dwek, an informant posing as a developer, and that, in exchange, Manzo indicated he would help Dwek with matters involving Jersey City government. The district court dismissed each Hobbs Act count because Manzo was not a public official at the time of the conduct. The Third Circuit affirmed. The court later held that receipt of something of value by an unsuccessful candidate in exchange for a promise of future official conduct does not constitute bribery under the New Jersey bribery statute and dismissed all remaining charges. The Third Circuit affirmed the denial of fees. View "United States v. Manzo" on Justia Law

Wiest worked in Tyco’s accounting department for 31 years, until his termination in 2010. Beginning in 2007, Wiest refused to process reimbursement claims that he believed were unlawful or constituted “parties” at resorts. Wiest sued Tyco and its officers and directors under the whistleblower protection provisions in Section 806 of the Sarbanes-Oxley Act, 18 U.S.C. 1514A, and under Pennsylvania law. The district court dismissed the federal whistleblower claims and declined to exercise supplemental jurisdiction. The Third Circuit reversed in part, holding that the court erred in requiring that Wiest allege that his communications to his supervisors “definitively and specifically relate to” an existing violation of a particular anti-fraud law, as opposed to expressing a reasonable belief that corporate managers are taking actions that could run afoul of a particular anti-fraud law. View "Wiest v. Lynch" on Justia Law

Covington, a basketball official in New Jersey and Pennsylvania for more than 10 years, filed suit, alleging gender employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, and the New Jersey Law Against Discrimination, N.J. STAT. 10:5-1, because she has been excluded from officiating at boys’ high school varsity basketball games. The district court dismissed all claims against all defendants: the International Association of Approved Basketball Officials, Board 193 (Board 193), which assigns officials to officiate at regular season high school basketball games; the New Jersey State Interscholastic Athletic Association (NJSIAA), which controls and supervises post-season tournament games and assigns officials to referee those games; the International Association of Approved Basketball Officials (IAABO), the Colonial Valley Conference (CVC), the Hamilton Township School District (“Hamilton”), a school at which Covington has officiated, and Dumont, the President of Board 193. The Third Circuit remanded to give Covington an opportunity to provide more facts as to her claim against Hamilton, Board 193, and NJSIAA, but affirmed dismissal of claims against the CVC and IAABO. View "Covington v. Int'l Assoc. of Approved Basketball Officials" on Justia Law

K.A., a fifth-grade student, attempted to distribute, before the start of class, an invitation to a children’s Christmas party at her church. Students were normally allowed to distribute invitations to birthday parties, Halloween parties, and similar events during non-instructional time. The teacher told K.A. that the principal would have to approve the flyer. The principal later notified K.A.’s father that the superintendent had not approved the flyer, based on a policy concerning events not related to the school. Her father filed suit, alleging that the school district had violated K.A.’s First and Fourteenth Amendment rights. The district court, applying the Supreme Court’s reasoning in Tinker v. Des Moines (1969), and finding no evidence that distribution of the invitations would threaten a “substantial disruption‖ of the school environment or interfere with the rights of others,” granted preliminary injunctive relief. The Third Circuit affirmed, stating that the original policy and subsequent revisions were broader than allowed under Tinker and its progeny, which state that student expression can be regulated only if it causes disruption or interferes with the rights of others, or if it falls into a narrow exception. View "K. A. v. Pocono Mountain Sch. Dist." on Justia Law

Byrd, an inmate at SCI-Frackville, filed a pro se 42 U.S.C. 1983 complaint against the prison’s Superintendent, Corrections Health Care Administrator, two nurses, and the Chief Grievance Officer, alleging that they showed deliberate indifference to his serious medical needs by failing to provide him with prescription eye drops for his glaucoma. Byrd proceeded in forma pauperis (IFP). The district court ruled in favor of all defendants. Byrd moved to proceed IFP on appeal. The clerk’s office notified Byrd that he had “three strikes” under 28 U.S.C. 1915(g) and had to show that he was in imminent danger of serious physical injury in order to be eligible for IFP status. The Third Circuit denied his petition, noting that Byrd’s three potential strikes included two cases that were “clearly” dismissed for failure to state a claim and that the other was an appeal that was dismissed by the Third Circuit under 28 U.S.C. 1915(e)(2)(B) as “without merit.” Byrd did not file a motion alleging imminent danger, but submitted a response arguing that the clerk’s office made a mistake in determining that he had three strikes. The court held that non-IFP dismissals can count as “strikes.” View "Byrd v. Shannon" on Justia Law

Montone was an officer with the Jersey City Police Department from 1981 until 2010, when she retired as a sergeant. Plaintiffs are present or former sergeants in the JCPD. The plaintiffs claim that retaliation for exercise of First Amendment rights and discrimination, in violation of 42 U.S.C. 1983 and New Jersey state law, was the basis of their failure to be promoted from the rank of sergeant to lieutenant during Healy’s tenure as mayor and Troy’s tenure as police chief. Healy’s mayoral campaign was heated and personal. Plaintiffs claim that all promotions from sergeant to lieutenant were halted by Healy and Troy to penalize Montone for her support of Healy’s opponent. Each plaintiff had passed the civil service examination required to be promoted to the rank of lieutenant. The district court entered summary judgment in favor of the defendants. The Third Circuit vacated, finding that genuine issues of material fact remained concerning defendants’ motivations for their decisions. View "Montone v. City of Jersey City" on Justia Law

BIC, which has its principal place of business in New Jersey, distributed machines manufactured by BIL, BIC’s parent entity located in Japan. In 2001 BIC began distributing the Brother 3220C, a printer, fax machine, scanner and copier, accompanied by a Limited Warranty and User Manual drafted by BIL in Japan and translated by BIC. Huryk alleges that from 2002 to 2005, BIC and its executives in New Jersey, knew about but concealed information regarding defects in the 3220C that caused printer heads to fail and caused the machines to purge excess amounts of ink when not used frequently enough. The district court dismissed his putative class action claim under the New Jersey Consumer Fraud Act, N.J. Stat. 56:8 on the ground that South Carolina law, not New Jersey law, applied. The Third Circuit affirmed, noting that South Carolina was the place where Huryk acted in reliance upon BIC’s representations, the place where Huryk, a domiciliary of South Carolina, received the representations, and the place where a tangible thing which is the subject of the transaction between the parties was situated at the time. View "Maniscalco v. Brother Int'l Corp." on Justia Law

Judge Kendall contends that the Daily News and Blackburn defamed him while reporting on his decision to grant bail to Castillo, who subsequently murdered a child; his decision to use house arrest for Williams, who was subsequently involved in a police standoff; and his decision to retire. After a jury verdict awarded $240,000, the trial court awarded the defendants judgment notwithstanding the verdict. The Virgin Island Supreme court affirmed after denying Kendall’s motion for recusal based on its previous contempt proceedings against him. The Third Circuit affirmed without reaching the issue of recusal. Judge Kendall could not establish actual malice as necessary in a public-figure libel action. View "Kendall v. Daily News Publ'g Co." on Justia Law