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| Banks v. Williams (In re Frederick H. Banks), No. 06-1898,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2007, Filed
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Overview: Where a Chapter 7 debtor admittedly had not paid the conversion fee required under 28 U.S.C.S. § 1930(a)(7), the debtor's motion to convert to Chapter 11 was properly denied. An adversary action by the debtor was properly dismissed on res judicata grounds, as the claims should have been asserted under Fed. R. Civ. P. 13(a) in a prior action.
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| Bornstad v. Honey Brook Twp., Case No: 05-4534,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2007, Filed
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Overview: Townships and police officers were entitled to summary judgment on § 1983 claims brought by the father of a deceased arrestee who allegedly died of compression asphyxia during arrest; the amount of force used to subdue the arrestee was objectively reasonable and did not violate the Fourth Amendment given the arrestee's efforts to resist arrest.
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| Medina v. City of Philadelphia, No. 05-2908,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2007, Filed
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Overview: Plaintiff's personal injury suit against HUD was properly dismissed under Fed. R. Civ. P. 12(b)(1) for failure to present an administrative claim to HUD within two years of the alleged injury as required by 28 U.S.C.S. § 2675(a) of the FTCA and 28 U.S.C.S. § 2401(b); plaintiff did not establish that HUD actually received her claim form.
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| Rose v. City of Allentown, NO. 05-5319; NO. 05-5507,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2007, Filed
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Overview: Rooker-Feldman doctrine did not preclude a club operator's federal suits arising from a zoning dispute, as his claims were not caused by a state court judgment; however, most of the federal claims had been resolved by the state courts and were barred by res judicata. The operator failed to establish selective enforcement on the basis of race.
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| United States v. Esperanza-Vasquez, No. 05-3179,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2007, Opinion Filed
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Overview: Even if an order extending defendant's five-year supervised release for another five years violated 18 U.S.C.S. § 3583(e)(2), defendant was judicially estopped from challenging the extension order because he requested the extension and did not seek to contest it until after he had violated the terms of supervised release.
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| United States v. Lester, No. 06-1265,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2007, Filed
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Overview: District court failed to adequately describe its application of the 18 U.S.C.S. § 3553(a) sentencing factors in sentencing defendant for misprision of a felony in violation of 18 U.S.C.S. § 4; the district court failed to address defendant's evidence of abuse and her lack of involvement in the underlying drug trafficking crime.
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| Weer v. United States, No. 06-1392,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2007, Opinion Filed
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