This post covers the precedential opinions issued yesterday, August 30.

Borrell v. Bloomsburg Univ. — civil rights — reversal — Hardiman

A nurse-anesthetist student was dismissed from her program for refusing to take a drug test required by the private hospital where she was doing a clinical program. The person who decided to dismiss her from the university program was the director of the program, a joint employee of the hospital and the university. The student sued under 1983, and the district court granted her summary judgment, concluding that the hospital and the program director were state actors. After a damages trial, the jury awarded her $415,000 in damages and $1.1 million in punitives which the judge reduced to $250,000 and $750,000.

The Third Circuit reversed, holding that the hospital and the program director weren’t state actors with respect to the decision to dismiss her from the program. The court also held that a university professor who had a role in the dismissal was entitled to qualified immunity.

Joining Hardiman were Fisher in full and Roth in part; Roth concurred in the judgment in part. Arguing counsel were Barry Dyller of the Dyller Law Firm for the student, Jaime Tuite of Buchanan Ingersoll for the hospital and program director, and John Knorr III of the state AG’s office for the professor.

US v. Penn — criminal — affirmance — Smith

The Third Circuit held that a district court did not abuse its discretion when, after opening statements, it removed and replaced a juror with a scheduled surgery.

Joining Smith were Fuentes and Starks D.Del. by designation. The case was decided without oral argument.

Williams v. Pa. Human Relation’s Comm. — employment discrimination — affirmance — Fuentes

The introduction, minus citations:

Cheryl Williams, an African-American woman,
claims that she was subjected to constant harassment at the
Pennsylvania Human Relations Commission (the
“Commission”) by her supervisors, Joseph Retort and Adam
Stalczynski. As a result of this treatment, she alleges she faced a hostile work environment and was ultimately constructively
discharged from her position as a Human Relations
Representative. She then filed this action against the
Commission under Title VII of the Civil Rights Act of 1964
(“Title VII”), seeking damages for the loss of her job and the
harm sustained to her physical and emotional health. She also
included claims against her former supervisors, Retort and
Stalczynski, claiming that they violated her federal rights under
Title VII and the Americans with Disabilities Act (“ADA”)
and they are therefore liable for damages under 42 U.S.C.
§ 1983. On defendants’ motion, the District Court granted
summary judgment in favor of all defendants.

In this case, we address for the first time whether
violations of Title VII and the ADA may be brought through
§ 1983. In light of the comprehensive administrative scheme
established by Title VII and the ADA, we conclude that these
claims, standing alone, may not be asserted under § 1983. And
because we also agree with the District Court that Plaintiff
Cheryl Williams presents no triable issues of fact on her
Title VII claims against the Commission, we will affirm.

Joining Fuentes were Smith and Nygaard. The case was decided without oral argument.

Delaware Riverkeeper Network v. Secretary, Dept. of Environmental Protection — environmental — affirmance — Smith

The Third Circuit rejected another effort by an environmental group to stop an interstate gas pipeline. This time the court also held that the state agency’s decision was final.

Joining Smith were Nygaard and Fuentes. Arguing counsel were Aaron Stemplewicz for the Riverkeepers, Joseph Cigan III for the state, and John Stoviak of Saul Ewing for the intervenor pipeline company