Two new opinions

The Third Circuit issued two published opinions yesterday.

Haberle v. Troxell — civil rights / disability — partial affirmance — Jordan

A severely depressed man with a gun was in an apartment threatening to kill himself. Fearing for the man’s life, his longtime partner called the Nazareth, PA, police to help. But instead of waiting for trained crisis negotiators to arrive, a local police officer called his fellow officers “a bunch of fucking pussies” and decided to go in himself because “[t]his is how we do things in Nazareth.” When the officer knocked on the door and identified himself as a police officer, the man inside killed himself.

The man’s estate sued the officer and the borough, alleging various constitutional violations and violation of the Americans with Disability Act. The Third Circuit yesterday upheld the dismissal of the constitutional claims, holding that the officer’s conduct does not shock the conscience, but remanded to allow the plaintiff to amend her ADA claim, holding that the ADA applies to police officers making an arrest.

Joining Jordan were Greenaway and Rendell; Greenaway concurred separately to argue that ADA relief should be available under a different provision in the statute as well. Arguing counsel were Joseph Walsh of Lauer & Fulmer for the estate and John Morgenstern of Deasey Mahoney for the defendants.

 

Lewin v. AG — immigration — affirmance — Jordan

The Third Circuit held that a conviction under New Jersey’s receiving-stolen-property statute is an aggravated felony supporting removal. The court rejected the petitioner’s argument that the statute failed to require proof of mens rea beyond a reasonable doubt where it required that the petitioner believe that the property is probably stolen.

Joining Jordan were Roth and Mariani MDPA by designation. The case was decided without oral argument.