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| Brooks-McCollum v. Emerald Ridge Serv. Corp. Bd. of Dirs., No. 05-1264,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 10, 2006, Filed
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Overview: Plaintiff's action was properly dismissed because complaint alleged classic state law claims, plaintiff's citation of various constitutional and federal statutory provisions did not transform state law claims into causes of action "arising under" Constitution or federal law pursuant to 28 U.S.C.S. § 1331, and defendants were not state actors.
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| Harrod v. Cox, NO. 05-4235,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 10, 2006, Filed
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Overview: Summary reversal of judgment in favor of the United States in a Federal Tort Claims Act excessive force action was denied. Record did not show that testimony of a nurse was coerced, dismissal of action against a corrections officer for failure to exhaust administrative remedies was proper, and there was no basis for district court to recuse itself.
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| Kulp v. Veruette, No. 04-3139,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 10, 2006, Filed
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Overview: District court improperly dismissed a complaint by the parents of a deceased pretrial detainee, pursuant to Fed. R. Civ. P. 12(b)(6), because the court should have permitted the parents to conduct a reasonable amount of discovery to help make the necessary showing to prove their case in a civil rights action.
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| Oriakhi v. United States, No. 04-2786,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 10, 2006, Filed
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Overview: A Bivens claim was properly dismissed for failure to exhaust administrative remedies as required by 42 U.S.C.S. § 1997e(a) where an inmate did not begin the administrative review process until after he filed his complaint, even though he completed the administrative review process before the district court reached the exhaustion question.
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