Table of Contents LATEST SUMMARIES Administrative Law, Civil Procedure, Constitutional Law, Tax Law
• Scheafnocker v. Comm. IRS
Government Law, Civil Procedure, Constitutional Law, Labor & Employment Law, Civil Procedure
• Gerard v. DeJongh
Criminal Law & Procedure, Administrative Law, Civil Rights, Asset Forfeiture, Constitutional Law, Criminal Law & Procedure, Sanctions
• Burns v. PA Dept. of Corrections
Evidence, Criminal Law & Procedure, Sentencing, Sentencing, Evidence
• US v. Warren
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LATEST SUMMARIES Administrative Law, Civil Procedure, Constitutional Law, Tax Law
Scheafnocker v. Comm. IRS, No. 08-2655
In a dispute involving a claim of wrongful levy, summary dismissal by district court on the ground that action is time-barred is reversed because plaintiff sufficiently pleaded a constitutional claim with a distinct basis for jurisdiction, where she did not receive notice that the IRS had levied funds she held jointly with her ex-husband. Read more... Government Law, Civil Procedure, Constitutional Law, Labor & Employment Law, Civil Procedure
Gerard v. DeJongh, No. 09-4579
In a labor and employment action where plaintiffs claimed deprivation of property interests in their rights to public employment, grant of preliminary injunction ordering the reinstatement of plaintiffs and compensation for lost wages is reversed, where plaintiffs lacked a due process property interest in their employment because they were not regular employees under territorial law. Read more...
Criminal Law & Procedure, Administrative Law, Civil Rights, Asset Forfeiture, Constitutional Law, Criminal Law & Procedure, Sanctions
Burns v. PA Dept. of Corrections, No. 09-2872
In a 42 U.S.C. section 1983 claim arising from a due process challenge to a prison disciplinary conviction, judgment of the district court is affirmed in part and reversed in part where: 1) the right to procedural due process of an inmate was violated when a hearing examiner simply failed to view available evidence to determine its relevance and suitability for use at a disciplinary hearing; 2) district court properly held that there was not due process violation in allowing the victim of an assault not to testify; and 3) prison official enjoyed qualified immunity. Read more... Evidence, Criminal Law & Procedure, Sentencing, Sentencing, Evidence
US v. Warren, No. 10-1598
Conviction and sentencing of defendant on drug-related offenses is affirmed where district court partially granted motion to suppress, because simultaneous suppression of pre-Miranda statements and admission of post-Miranda statements was proper. Read more...
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