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| Bao Ying Chen v. Gonzales, Case No: 05-1696,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 6, 2006, Filed
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Overview: A petition for review was denied because the inconsistencies identified by the IJ and the BIA were supported by the record, and they related to the heart of the wife's claim that she was persecuted on the basis of her opposition to China's family planning policy.
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| Clegg v. Falcon Plastics, Inc., No. 05-1826,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 6, 2006, Opinion Filed
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Overview: Employee presented sufficient evidence to establish a genuine issue of material fact as to whether, considering the post-reporting conduct in conjunction with the allegations of sexual harassment that pre-dated the employee's complaint to management, the employee was exposed to a hostile work environment in violation of Title VII.
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| Coley v. Bucks County Children & Youth Servs. Agency, NO. 04-4660,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 6, 2006, Filed
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Overview: District court improperly dismissed plaintiff's pro se action with prejudice for failing to file notice that he wished to proceed after being denied in forma pauperis (IFP) status because Poulis factors weighed in plaintiff's favor as there was no prejudice to defendants, plaintiff did not have history of dilatoriness, and IFP petition had merit.
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| Dalipaj v. Gonzales, No. 05-2690,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 6, 2006, Opinion Filed
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Overview: Alien was properly denied asylum because alien's claim of persecution rested upon a phone call he received from unidentified caller threatening harm because of a shirt he wore during soccer game, and fact that his tires were slashed by unidentified individuals the next day and incidents fell short of level of severity required for asylum claim.
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| Douris v. Office of the Pa. AG, No 05-1346,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 6, 2006, Filed
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Overview: State was entitled to Eleventh Amendment immunity and plaintiff lacked standing under Title II of the ADA to pursue relief because case law did not validly abrogate the State's sovereign immunity because plaintiff's claim did not implicate his right of access to the courts, rather he challenged lack of accommodations at a public auction.
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| Drayer v. Delaware, NO. 04-4350,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 6, 2006, Filed
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Overview: Appellate court refused to except an inmate's 42 U.S.C.S. § 1983 suit from requirements of Heck given the fact that habeas corpus relief was unavailable to the inmate because he failed to seek such relief in a timely manner, and the court's recent decision in Gilles; thus, inmate's § 1983 action was properly dismissed.
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| Goldsmith v. Swan Reefer A.S., No. 05-2023,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 6, 2006, Filed
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Overview: Summary judgment in favor of a ship owner and terminal operator, disposing of negligence claims brought by an injured longshoreman, was proper because there was no evidence suggesting that the ship owner had a duty to intervene for the longshoreman's safety under 33 U.S.C.S. § 905(b), or that the terminal operator breached any duty of care.
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| Gonzalez v. Holt, NO. 05-1518,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 6, 2006, Filed
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| Miller v. Hassinger, NO. 05-3283,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 6, 2006, Filed
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Overview: District court's grant of summary judgment to the police corporal with respect to the Fourth Amendment search claim was affirmed because the property owner's claim of an unconstitutional search was without merit given his lack of privacy interest in the apartment.
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