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

Officer Staffer saw Jefferson traveling at high speed with his car alarm blaring. Staffer, suspecting the vehicle was stolen, attempted a traffic stop. Jefferson was driving with an open container of alcohol. Fearing a probation violation, Jefferson did not stop. Officer Lias joined the pursuit after hearing radio dispatches, only aware that Jefferson was driving a possibly stolen vehicle. Although other officers observed Jefferson traveling at high speeds, running red lights, ignoring police signals to pull over, and driving close to other vehicles, Lias did not personally witness Jefferson doing so. Jefferson hit a fire hydrant. Officers surrounded Jefferson’s vehicle. Jefferson reversed, striking a police vehicle before backing into an intersection. Lias arrived as Jefferson was driving away. Lias claims that he discharged his firearm because he feared for his own safety and others around him. Jefferson was struck in his forearm, fracturing his bones, but drove away. Jefferson later pled guilty to second-degree eluding.The district court rejected Jefferson’s 42 U.S.C. 1983 suit, finding Lias entitled to qualified immunity. The Third Circuit reversed. A jury should make factual determinations regarding Lias’s decision to employ deadly force against Jefferson. Video footage makes clear that neither Lias nor anyone else was in danger of being struck by Jefferson. It is clearly established that an otherwise non-threatening individual engaged in vehicular flight is entitled to be free from being subjected to deadly force if it is unreasonable for an officer to believe his or others’ lives are in immediate jeopardy. Jefferson’s second-degree eluding conviction does not preclude his excessive force claim. View "Jefferson v. Lias" on Justia Law

Maple’s girlfriend, Vinsek, told him that Teck had tried to rape her. Later, they found her apartment ransacked and blamed Teck and his friend, Altman. Maple tracked them down at a bar, where he brawled with them. Vinsek called the police to report the burglary. Maple stated, “maybe I’ll just handle it my way.” Hours later, Maple found Teck and Altman and shot at them, killing Teck. Detectives went to talk to Maple and Vinsek, identified themselves as police, and stated that Maple was not under arrest but asked to talk with him about the murder. Maple agreed. Officers failed to read his Miranda rights. After about an hour, Maple confessed. He was then arrested and read Miranda warnings. He waived those rights and confessed again, on tape. At trial, Maple confessed again, claiming he was drunk at the time. The prosecution produced a “mountain of evidence” that proved his intent. Altman and three witnesses testified to the shooting. Maple was convicted of first-degree murder and attempted murder.The Third Circuit reversed the district court’s grant of habeas relief. E Even if the trial court should have suppressed his confession before Miranda warnings, any error was harmless; other evidence overwhelmingly incriminated him. Maple doubtless would have been convicted of first-degree murder of Teck and trying to murder Altman. View "Maple v. Superintendent Albion SCI" on Justia Law

Chavez-Chilel entered the U.S. without admission. DHS issued her a Notice to Appear (NTA), “on a date to be set at a time to be set,” charging her with removability, 8 U.S.C. 1182(a)(6)(A)(i). A subsequently-served notice specified the date and time. Chavez-Chilel sought asylum, withholding of removal, and protection under the Convention Against Torture, asserting that she would be subject to persecution because she is a member of a particular social group (PSG): “Guatemalan women.” The IJ denied Chavez-Chilel's motion to terminate her removal proceedings, reasoning that she suffered no prejudice from any deficiency in the NTA; "Pereira" concerned only cancellation of removal and its stop-time rule, not asylum or withholding of removal. A deficient NTA does not divest the IJ of jurisdiction. Chavez-Chilel testified that she was raped as a teenager in Guatemala, the police did not take any action when she reported this crime, and the same man later threatened to rape her again. The IJ denied Chavez-Chilel’s applications, finding that, while she was credible and that her rape qualified as past persecution, “Guatemalan women,” did not constitute a PSG for asylum or withholding of removal purposes. The BIA affirmed.The Third Circuit denied a petition for review. Failure to include the date and time of her hearing in the NTA did not require termination of the immigration proceedings. Substantial evidence supported the BIA’s conclusion that “Guatemalan women” is not a PSG for asylum or withholding purposes. View "Chavez-Chilel v. Attorney General United States" on Justia Law

Vastardis, a citizen of Greece and Chief Engineer onboard the Liberian-registered petroleum tanker, Evridiki, was convicted of offenses related to maritime pollution: failing to maintain an accurate Oil Record Book for several weeks, 33 U.S.C. 1908(a); falsifying high-seas Oil Record Book entries, Sarbanes-Oxley Act, 18 U.S.C. 1519; obstructing justice in the Coast Guard’s investigation of the Evridiki, 18 U.S.C. 1505; and making false statements, 18 U.S.C. 1001. The district court imposed a $7,500 fine, a $400 special assessment, and three years’ probation. Vastardis was barred from entering or applying for visas to enter the U.S.The Third Circuit affirmed the convictions but vacated the portion of the sentence that precludes Vastardis from entering the U.S. while under court supervision. The deception at issue involved falsely documenting bilge water discharges that occurred when the Evridiki was on the high seas and were only discovered when the Evridiki was docked in the Delaware Bay port. Vastardis cannot be convicted in a U.S. court for crimes occurring in international waters, but the convictions here were based on the presence of inaccurate records in U.S. waters, so the district court had subject matter jurisdiction even though the actual entries may have been made beyond U.S. jurisdiction while on the high seas. View "United States v. Vastardis" on Justia Law

PG sought to vacate a labor arbitration award. In many labor disputes, both the Labor Management Relations Act (LMRA), 29 U.S.C. 185(a), and the Federal Arbitration Act (FAA), 9 U.S.C. 10, provide means for seeking vacatur or confirmation of arbitration awards. The statutes employ distinct procedural vehicles, require litigants to meet different legal standards, and prescribe separate limitations periods. PG argued that even if it filed its complaint outside of the applicable limitations period for an LMRA action, it filed within the FAA’s 90-day limitations period for motions to vacate an arbitration award.The Third Circuit affirmed the dismissal of PG’s action as untimely. Although a party may bring both an LMRA action and an FAA motion challenging or confirming certain labor arbitration awards, PG did not proceed by motion as required by the FAA, and so did not properly invoke that statute. PG’s LMRA Section 301 action was untimely. The court clarified the procedures for seeking to vacate or confirm an arbitration award under the LMRA and under the FAA. View "PG Publishing Co v. Newspaper Guild of Pittsburgh" on Justia Law

A plan participant sued under the Employee Retirement Income Security Act, 29 U.S.C. 1132(a)(1)(B), claiming that an insurance-company fiduciary wrongfully terminated his benefits. The participant enrolled in his former employer’s welfare benefit plan, which provided long-term disability and life insurance benefits through group insurance policies. When his health deteriorated and he could no longer do his job, the participant claimed benefits. The insurance company, which funded and administered those policies, authorized benefits. Its in-house medical professionals reaffirmed that conclusion for two years. Then, with no recent change to the participant’s medical condition, the company used a third-party vendor to retain an outside physician to evaluate the participant. After an in-person examination, that physician concluded that the participant was not totally disabled. The company terminated benefits. The participant administratively appealed, and the cycle repeated. The company’s multiple requests for additional outside medical reviews were irregular in their timing and prompting.The Third Circuit affirmed summary judgment in favor of the participant. The insurance company performed two functions that are in financial tension: it determined eligibility for benefits and funded benefits. That creates a structural conflict of interest, which, combined with significant deviation from normal eligibility-review processes, influenced its fiduciary decision-making. The company abused its discretion in terminating the participant’s benefits. The court properly ordered their retroactive reinstatement. View "Noga v. Fulton Financial Corp Employee Benefit Plan" on Justia Law

AT&T employed Fowler, 1986-2016. She was diagnosed in 2006 with epilepsy that caused cognitive impairments. In 2015, she was diagnosed with breast cancer and informed AT&T of her diagnosis. In December 2015, AT&T planned to reduce Fowler’s unit by consolidating roles. Fowler began a new position in March 2016. After two months, Fowler sought reassignment, acknowledging she did not have the skills for the job. AT&T, through an outsourced service center, negotiated with Fowler’s doctors on her accommodation requests but the representatives found that Fowler “could not describe a specific accommodation that would help her on the job.” Fowler, age 60, was laid off and could not find any replacement positions within AT&T. She was terminated and sued under the Americans with Disabilities Act, 42 U.S.C. 12101, and the Age Discrimination in Employment Act, 29 U.S.C. 621.The Third Circuit affirmed summary judgment in favor of AT&T. Based on the original downsizing, Fowler established an adverse employment action that could support a discrimination claim, although she eventually found another job within AT&T. However, AT&T provided powerful evidence that Fowler’s selection for downsizing was simply a neutral reduction in force; she has not provided sufficient evidence to suggest that the explanation was a pretext. As for Fowler’s termination, she may not maintain discrimination or failure-to-accommodate claims connected to a job for which she was not qualified by her own admission. View "Fowler v. AT&T Inc." on Justia Law

Johnson developed an obsession with the allegations of sexual assault against entertainer Bill Cosby. Hoping to discredit the accusers, Johnson posed as an attorney and filed a fabricated document on the civil docket of a lawsuit against Cosby. His trick was quickly discovered. Johnson was convicted of making a false statement and identity theft. On appeal, he argued that the prosecution failed to prove that his statements were material as necessary to establish liability under 18 U.S.C. 1001.The Third Circuit reversed Johnson’s convictions. Johnson’s behavior wasted public time and resources and distracted court officials from their work but only Congress can define a federal crime. While there was significant evidence that Johnson’s statements were false, there was no evidence that any decision entrusted to the judge in the underlying Cosby trial could have been influenced by the praecipe filed by Johnson, which contained an unsigned exhibit that accused a party of failing to report income. This false statement, even if considered by the judge, was not relevant, much less material. Far from proving that using a false identity enabled the false praecipe to be filed, the record reveals that Johnson’s identity was immaterial and that Johnson could have filed the same documents under his, or any other, name. View "United States v. Johnson" on Justia Law

Dennis was convicted of a 1991 robbery and first-degree murder and was sentenced to death. In 2013, the district court granted Dennis’s habeas petition, vacated his conviction, and ordered a new trial on all charges, finding that Dennis’s prosecutors withheld material impeachment evidence. The Third Circuit, en banc, affirmed. On remand, Dennis accepted a deal. In exchange for a time-served sentence, he pleaded nolo contendere to reduced charges. Dennis then filed suit under 42 U.S.C. 1983, alleging fabrication of evidence and deliberate deception, civil rights conspiracy, failure to intervene, supervisory liability, and municipal liability.The Third Circuit affirmed the denial of a motion to dismiss based on qualified immunity. Dennis has alleged the violation of his due process rights clearly established at the time of the detective’s conduct on which the claims are based. Dennis’s deliberate deception claim not only alleges that the detectives withheld exculpatory and impeachment evidence that would have supported his alibi and defense, but that they also failed to correct testimony they knew was false and concealed from the defense the evidence that revealed that trial testimony as false. The court dismissed, for lack of jurisdiction on interlocutory appeal, consideration of a ruling that the Heck bar does not apply. View "Dennis v. City of Philadelphia" on Justia Law

SHI, owned by Vik, borrowed funds from Deutsche Bank (Bank). SHI entered a limited partnership (LP) agreement with Devon and invested $25 million, Bank issued margin calls. SHI claimed that it lacked funds to satisfy the calls. Bank sued SHI in England and Wales and received a $235,646,345 judgment, which SHI has not satisfied. SHI transferred the Devon Interest to CPR (allegedly related to Vik's father). SHI paid Devon millions of dollars for the transfer. Devon made fund distributions to the limited partners but had difficulties transmitting proceeds to CPR. CPR initiated arbitration to compel Devon to release the Proceeds. The arbitrator denied Bank’s request to intervene. Devon raised counterclaims, seeking a declaration whether the assignment to CPR was enforceable.Meanwhile, Bank sued CPR, SHI, and Devon in Delaware, alleging a conspiracy to commit fraud. The arbitrator denied Devon’s motion to stay proceedings. Devon then refused to participate in the arbitration. The arbitrator awarded CPR the proceeds, plus prejudgment interest, CPR petitioned to confirm the arbitration award; in the Eastern District of Pennsylvania, Devon attempted to interplead Deutsche Bank. Bank answered and sought to set aside the purported transfer of the Devon Interest to CPR, to declare SHI and CPR alter egos, and to find Devon, CPR, and SHI liable for fraud and conspiracy. The Third Circuit affirmed orders confirming the arbitration award, striking the interpleader complaint, and dismissing all third parties and claims and Devon’s counterclaim. View "CPR Management SA v. Devon Park Bioventures LP" on Justia Law