Thivener v. Nero: Conflicting Evidence Does Not Defeat Probable Cause; Emergency-Aid Entry and Plain-View Digital Seizures at a Suspected Suicide/Homicide Scene Court: Court of Appeals for the Third...
Appellate Waivers Control Anders Appeals; Ineffective-Assistance Claims Generally Deferred to § 2255 1. Introduction In United States v. Divine Zion (3d Cir. Apr. 30, 2026) (nonprecedential), the...
Extraordinary Downward Variances Require Meaningful Consideration of Deterrence and Sentencing Disparities—and a Compelling Explanation Beyond Rehabilitation Case: United States v. Steven Newkirk...
Retaliation Requires Defendant-Specific Causation; Delay-of-Care Claims Require Harm; No § 1983 Claim for Non-Investigation of Grievances 1. Introduction In John Butler v. Floyd, the United States...
Rule 8 and § 1915(e) Screening: Specificity, Causation, and Municipal-Liability Requirements for NDAA Whistleblower and Title II ADA Claims Case: George Trombetti v. Borough of Aldan (3d Cir. Apr....
Local Ties as Legitimate Hiring Criteria for Temporary Details and the Limits of Temporal Proximity in Retaliation Claims Introduction In Renel Sample v. OPM, the Third Circuit affirmed summary...
Gang Extortion Claims Fail Absent Proof That Protected Status Motivated the Threats Introduction In Iris Rodriguez Martinez v. Attorney General United States of America, the United States Court of...
Section 504 Child Find Requires Reasonable Notice of an Identifiable Disability, Not Merely Uneven Academic or Behavioral Struggles Introduction In B. M. v. Upper Darby School District, the Third...
Rehaif Claims Are Not “Novel” Cause for Procedural Default When Their Legal Basis Was Previously Available Introduction In United States v. Aaron Lyons, the Third Circuit addressed whether a federal...
Known Self-Defense Facts Must Be Disclosed in Probable-Cause Affidavits, But Qualified Immunity Applies Absent Clearly Established Law Introduction In Corey Kendig v. Nicholas Stolar, the Third...
No Cognizable PSG for Americanized or Wealth-Perceived Guatemalan Returnees; CAT Relocation Is a Factor, Not a Burden Introduction In Osman Cordon-Osario v. Attorney General United States of America,...
Appellate Cure of Defective Diversity Jurisdiction by Dropping a Dispensable Nondiverse Party Under Rule 21 Introduction In Randall Winslow v. Extra Space Storage, No. 25-2249 (3d Cir. Apr. 24, 2026)...
Undisputed PSR Adoption at Resentencing Defeats Plain-Error Attacks on Guidelines Factfinding and Criminal History Introduction In United States v. Mychael Saunders (3d Cir. Apr. 23, 2026) (not...
Objective Reasonableness Turns on the Officer’s Reasonable Perception of a Deadly Threat, Even if Weapon Possession Is Disputed Introduction In Estate of Justin Paul Smith v. City of Philadelphia (3d...
Standing Splits by Remedy: Parents Have Damages Standing as “Objects” of a School Gender-Identity Policy, but Prospective Standing Requires More Than “Considering” Re-Enrollment Introduction In Jane...
Compassionate Release: A Negotiated Life Sentence That Avoided the Death Penalty Is Not “Unusually Long” Under USSG § 1B1.13(b)(6) 1. Introduction In United States v. Julio Otero (3d Cir. Apr. 23,...
Prior Admissions Defeat Ineffective-Assistance Tolling and Make Alleged Termination-Authority Errors Harmless 1. Introduction In Gulabbhai Mistry v. Attorney General United States of America (3d Cir....
Third Circuit Limits § 1983 Punitive Damages Under Due Process and Reaffirms Probable-Cause Deference Despite Alleged Investigative Lapses I. Introduction In Tzvia Wexler v. Charmaine Hawkins (3d...
United States v. Chapman: Marijuana Odor (and “Weed” Admission) Still Supplies Probable Cause; Independent Source Preserves Apartment Warrant Introduction In United States v. Randale Chapman (3d Cir....
Wexler: Probable Cause Based on Officer Accounts Bars § 1983 Arrest/Prosecution Claims Absent Plainly Exculpatory Evidence; Punitive Damages Must Track Due-Process Ratios (3:1 Here) I. Introduction...