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| Abo State v. Gonzales, No. 05-1247,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 1, 2007, Filed
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Overview: Court lacked appellate jurisdiction under 8 U.S.C.S. § 1252(a)(1) and (b)(1) over an alien's petition for review of a BIA decision upholding a removal order; the BIA had vacated the order that was the subject of the petition and had issued a new order affirming removal, and the alien failed to seek review of the second order.
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| Bowers v. NCAA, Nos. 05-2262, 05-2268, 05-2269 and 05-2426,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 1, 2007, Filed
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Overview: District court committed manifest error when granting summary judgment to appellees in athlete's discrimination suit. Material factual disputes existed as to whether athlete was "qualified individual" for ADA and 29 U.S.C.S. § 794(a) purposes when discrimination occurred. U.S. Const. amend. XIV immunity was validly abrogated under Title II of ADA.
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| Foxworth v. Pa. State Police, No. 05-5571,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 1, 2007, Opinion Filed
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Overview: State trooper applicant, who was asked to withdraw due to an expunged theft, failed to establish that 18 Pa. Cons. Stat. §§ 9124 and 9125 gave him a protected property interest for due process purposes and failed to establish a prima facie case of disparate impact or disparate treatment due to race under Title VII of the Civil Rights Act of 1964.
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| In re Shimer, No. 07-1025,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 1, 2007, Filed
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Overview: District judge had no obligation to recuse himself under 28 U.S.C.S. § 455(a) because disqualification was not appropriate remedy for disagreement over legal rulings, and fact that defendants in underlying action were allowed to file brief that exceeded page limit, while attorney was not, did not evidence "deep-seated favoritism or antagonism."
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| Lao Dao Her v. AG of the United States, No. 05-3008,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 1, 2007, Filed
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Overview: Alien's petition for review of denial of CAT relief was denied because although BIA could have discussed record evidence more fully, it did not commit legal error; alien's CAT claim could not survive adverse credibility finding as evidence apart from his testimony failed to show that Laos government tortured Hmong citizens removed by U.S.
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| United States v. Grieser, No. 05-5263,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 1, 2007, Filed
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Overview: Sentence of 57 months, to run partially consecutively with a prior sentence arising out of the same real estate fraud scheme, was reasonable under 18 U.S.C.S. § 3553(a); U.S. Sentencing Guidelines Manual § 5G1.3(b), which was no longer binding, did not require imposition of a fully concurrent sentence, and the sentence was proper under § 5G1.3(c).
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| United States v. Powell, No. 06-1024,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 1, 2007, Filed
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Overview: Defendant's conviction under 18 U.S.C.S. § 922(g)(1) and sentence under 18 U.S.C.S. § 924(e) were affirmed; there was sufficient evidence at the trial, including finding the handguns in defendant's residence under the bed in the bedroom he shared, and the girlfriend's testimony that on she had seen defendant with a gun.
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| Wallace v. Abell, No. 06-3361,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 1, 2007, Filed
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Overview: District court properly dismissed appellant's Bivens action against special master and clerks of Court of Federal Claims and Court of Appeals for Federal Circuit because special master was shielded from suit for performance of judicial acts, as was Federal Circuit clerk, and Federal Claims clerk was shielded by doctrine of qualified immunity.
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| Williams v. Sherman, No. 06-1443,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 1, 2007, Filed
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Overview: Inmate's appeal from denial of 28 U.S.C.S. § 2241 petition challenging disciplinary sanctions was dismissed for lack of jurisdiction because inmate had been released from prison to begin supervised release term and there were no collateral consequences resulting from sanctions as supervised release term could not be reduced by excess prison time.
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