3d Circuit Case Commentaries

Wexler v. Hawkins: Probable-Cause Shield Despite Investigative Lapses; § 1983 Punitive Damages Capped to a Modest Multiple Absent “Special Justification”

Date: Apr 24, 2026

Wexler v. Hawkins: Probable-Cause Shield Despite Investigative Lapses; § 1983 Punitive Damages Capped to a Modest Multiple Absent “Special Justification” I. Introduction In Tzvia Wexler v. Charmaine...

Marijuana Odor Plus “Weed” Admission Still Establishes Probable Cause Under Federal/Conditional State Illegality; Independent Source Saves Warrant After Pre-Warrant Look

Date: Apr 24, 2026

Marijuana Odor Plus “Weed” Admission Still Establishes Probable Cause Under Federal/Conditional State Illegality; Independent Source Saves Warrant After Pre-Warrant Look 1. Introduction In United...

Odor-of-Marijuana Probable Cause Persists Under Federal Illegality; Independent Source Saves Warranted Search Despite Pre-Warrant Look — United States v. Chapman (3d Cir. 2026)

Date: Apr 24, 2026

Odor-of-Marijuana Probable Cause Persists Under Federal Illegality; Independent Source Saves Warranted Search Despite Pre-Warrant Look — United States v. Chapman (3d Cir. 2026) 1. Introduction In...

Pro Se Bar in Federal Wrongful-Death Litigation: A Non-Lawyer Spouse/Personal Representative Cannot Litigate When Other Statutory Beneficiaries May Share the Claim

Date: Apr 24, 2026

Pro Se Bar in Federal Wrongful-Death Litigation: A Non-Lawyer Spouse/Personal Representative Cannot Litigate When Other Statutory Beneficiaries May Share the Claim Introduction In Jelena Todorovic...

Continuing-Violation Tolling Requires Post-Accrual “Affirmative Acts,” and Prosecutors Remain Absolutely Immune for Advocacy-Phase Conduct in § 1983 Malicious-Prosecution Suits

Date: Apr 24, 2026

Continuing-Violation Tolling Requires Post-Accrual “Affirmative Acts,” and Prosecutors Remain Absolutely Immune for Advocacy-Phase Conduct in § 1983 Malicious-Prosecution Suits 1. Introduction In...

Heck Does Not Bar § 1983 Damages for Unreasonable Pre-Revocation Detention Absent a Revocation Decision

Date: Apr 24, 2026

Heck Does Not Bar § 1983 Damages for Unreasonable Pre-Revocation Detention Absent a Revocation Decision Introduction In Terrell Taylor v. Joshua Pipik (3d Cir. Apr. 21, 2026) (nonprecedential),...

United States v. Daniels: Broad SORNA-Evidence Digital Searches and Long-Term, Suspicionless Probation Device Monitoring Sustained on Plain-Error Review

Date: Apr 24, 2026

United States v. Daniels: Broad SORNA-Evidence Digital Searches and Long-Term, Suspicionless Probation Device Monitoring Sustained on Plain-Error Review Introduction In United States v. Christopher...

Private Hospital Participation in MHPA Commitments Does Not Create Title II “Public Entity” Status; Due Process Requires a State-Actor Deprivation

Date: Apr 23, 2026

Private Hospital Participation in MHPA Commitments Does Not Create Title II “Public Entity” Status; Due Process Requires a State-Actor Deprivation Case: Susan Kerr v. County of Allegheny Court: Court...

MHPA Participation Alone Does Not Make a Private Hospital a Title II “Public Entity,” and Due Process Property Claims Fail Absent a State-Actor Deprivation

Date: Apr 23, 2026

MHPA Participation Alone Does Not Make a Private Hospital a Title II “Public Entity,” and Due Process Property Claims Fail Absent a State-Actor Deprivation 1. Introduction In Susan Kerr v. County of...

Untimely BIA Appeals and Gang-Recruitment PSGs: Particularity/Social-Distinction Limits and CAT Acquiescence Proof Requirements

Date: Apr 21, 2026

Untimely BIA Appeals and Gang-Recruitment PSGs: Particularity/Social-Distinction Limits and CAT Acquiescence Proof Requirements 1. Introduction Case: Melvin Mendoza-Perez v. Attorney General United...

Pleading Gender-Stereotyping Under Title IX: Conclusory “Not Masculine Enough” Allegations Do Not Plausibly Allege Same-Sex Peer Harassment “On the Basis of Sex”

Date: Apr 21, 2026

Pleading Gender-Stereotyping Under Title IX: Conclusory “Not Masculine Enough” Allegations Do Not Plausibly Allege Same-Sex Peer Harassment “On the Basis of Sex” Case: Isaiah Humphries v....

No Post-Deadline Doe Substitution Without a Rule 6(b)(1)(B) Motion and a Finding of Excusable Neglect

Date: Apr 20, 2026

No Post-Deadline Doe Substitution Without a Rule 6(b)(1)(B) Motion and a Finding of Excusable Neglect 1. Introduction Kenneth J. Konias, Jr. v. David Druskin, PA-C, et al. is a prisoner civil-rights...

NJLAD Summary Judgment: No Pretext Without Evidence, No Retaliation Without Decisionmaker Knowledge, and No Aiding-and-Abetting Without an Underlying Violation

Date: Apr 20, 2026

NJLAD Summary Judgment: No Pretext Without Evidence, No Retaliation Without Decisionmaker Knowledge, and No Aiding-and-Abetting Without an Underlying Violation Introduction Mary Crawford v. Sandra...

Jurisdiction Must Be Pleaded—and Jurisdictional Dismissals Must Be Without Prejudice

Date: Apr 20, 2026

Jurisdiction Must Be Pleaded—and Jurisdictional Dismissals Must Be Without Prejudice Introduction In Sungsuk Kim v. Unlimited Settlement Services (3d Cir. Apr. 16, 2026) (not precedential), the Third...

Narrowly Tailored Pre-Filing Injunctions After Vexatious, Rule 8–Deficient Filings (Tajimier v. Montclair State University)

Date: Apr 20, 2026

Narrowly Tailored Pre-Filing Injunctions After Vexatious, Rule 8–Deficient Filings Introduction In Tajimier v. Montclair State University (3d Cir. Apr. 16, 2026) (not precedential), the United States...

Private Hospital COVID-19 Vaccine Mandates Are Not State Action; EUA Statute Creates No Private Right of Action

Date: Apr 20, 2026

Private Hospital COVID-19 Vaccine Mandates Are Not State Action; EUA Statute Creates No Private Right of Action Introduction In Beth Boyd v. Shriners Hospitals for Children (3d Cir. Apr. 14, 2026)...

Third Circuit: No Preliminary Injunction for Contract Breach Absent Non-Speculative, Practically Unquantifiable Harm—Market-Share Loss in Biologics Is Not Per Se Irreparable

Date: Apr 20, 2026

Third Circuit: No Preliminary Injunction for Contract Breach Absent Non-Speculative, Practically Unquantifiable Harm—Market-Share Loss in Biologics Is Not Per Se Irreparable 1. Introduction In...

Accomplice Liability Does Not Defeat “Crime of Violence” Status for Pennsylvania § 2702(a)(4) Under the Career-Offender Elements Clause

Date: Apr 20, 2026

Accomplice Liability Does Not Defeat “Crime of Violence” Status for Pennsylvania § 2702(a)(4) Under the Career-Offender Elements Clause Introduction In United States v. Brock Cochran (3d Cir. Apr....

Bankruptcy Plan Third-Party Releases Bar Continued Prosecution Against Prison Medical Vendors; No Eighth Amendment Right to DAADs Absent Chronic (Detectable) HCV

Date: Apr 16, 2026

Bankruptcy Plan Third-Party Releases Bar Continued Prosecution Against Prison Medical Vendors; No Eighth Amendment Right to DAADs Absent Chronic (Detectable) HCV Introduction In Karlester Young v....

Plain-Error Allocution Claims: Judicial Interruptions Are Not “Plain” Rule 32 Violations Absent Clear Curtailment of the Defendant’s Opportunity to Speak

Date: Apr 16, 2026

Plain-Error Allocution Claims: Judicial Interruptions Are Not “Plain” Rule 32 Violations Absent Clear Curtailment of the Defendant’s Opportunity to Speak I. Introduction United States v. Fuquan Hill...