U.S. Third Circuit: October 2012 Archives
U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

October 2012 Archives

If at First You Don't Succeed ... Res Judicata Applies

In life, persistence often pays off. In an appeal, it can result in costs and damages.

In today's Third Circuit appeal, we have an eager litigant who couldn't escape the scourge of a res judicata ruling, but narrowly avoided sanctions thanks to a "colorable argument."

Third Circuit Affirms Togo Visa Fraud Conviction

An appellant from Togo lost his visa fraud challenge in the Third Circuit Court of Appeals this week, despite a rather creative defense theory. Geoffry Kouevi didn't argue that he was innocent or that he was denied due process; he claimed that he that he was convicted under the wrong paragraph of the visa fraud statute.

Kouevi, also known as "Kangni," was born and raised in Lome, Togo. The government contends that from 2001 until 2005, Kouevi conspired with others to use fraudulent means to obtain "authentic" visas for at least 34 people through the American Embassy in Togo, and that those persons then used those visas to enter the United States.

Civil Rights Claim Follows Officer, Even After Death

The Third Circuit Court of Appeals is letting a Delaware inmate pursue his claims against a corrections officer, even though the officer passed away in 2006.

Wardell Leroy Giles, a prisoner in the Delaware penal system, brought excessive force and deliberate indifference claims against officers, including Gary Campbell, based on a confrontation that occurred during Giles’ transfer to the Sussex Correctional Institution in 2001.

In 2004, the District Court granted summary judgment in favor of several defendants, including Campbell, on the basis that they were entitled to qualified immunity. Giles appealed, and the Third Circuit Court of Appeals reversed the grant of summary judgment and remanded the case for trial.

Dorsey Useless in Pre-FSA Convict's Supervised Release Appeal

We suspect that a number of drug offenders thought the Supreme Court's Dorsey v. U.S. ruling would be a get-out-of-jail free card. It's not. Dorsey addresses only the applicability of the Fair Sentencing Act (FSA) to those defendants who were convicted of crack cocaine offenses prior to the FSA's effective date — August 3, 2010 — but sentenced after that date.

As the Third Circuit Court of Appeals points out, it does not extend the FSA to defendants who were both convicted and sentenced prior to the effective date of the FSA. Defendants like Dwight Turlington.

Failure to Diagnose ADHD Doesn't Fall within IDEA SOL Exceptions

This week, the Third Circuit Court of Appeals delineated the scope of the statutory exceptions to the Individuals with Disabilities Education Act (IDEA) statute of limitations.

The appellate court decided that a public school district’s failure to designate a struggling student as disabled did not fall within the misrepresentation or withholding information exceptions to the IDEA statute of limitations.

Five Things to Know About Chief Judge Theodore McKee

Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list.

Today's offering: Five things to know about Third Circuit Court of Appeals Chief Judge Theodore McKee.

Third Circuit to Hear Arabic Flash Card Case Appeal Friday

A Third Circuit Court of Appeals decision could give students pause about studying on long flights.

Nick George filed a civil rights claim against the feds in 2010 after he was stopped by the Transportation Security Administration (TSA) for carrying Arabic flash cards. Friday, the Philadelphia-based appellate court will hear arguments about whether George’s lawsuit against the federal government should be allowed to proceed.