In Johnson v. City of Philadelphia, the 3rd Circuit threw cold water on Section 1983 state-created danger claims. Those claims proliferated based on a few passing words by the United States Supreme Court in DeShaney v. Winnebago County Department of Social Services. In the Johnson case, a 911 operator made massive blunders that led firefighters astray, … Read more
In Watters v. Bd. of Sch. Dir. of the City of Scranton, the 3rd circuit assumed for argument’s sake that Section 1983 provides for a private right of action for a purported violation of the Contracts Clause. The Court then moved on to determine whether a 2017 amendment to Pennsylvania’s Public School Code violated the tenure … Read more
In Porter v. City of Philadelphia, the 3rd Circuit held that the Philadelphia Sheriff’s Office’s policy prohibiting comments during a sheriff’s sale is a reasonable, viewpoint neutral speech restriction aimed at protecting the Sheriff’s Office’s ability to sell hundreds of foreclosed properties in a single auction, and thus does not violate the 1st Amendment.