Third Circuit· 1/8/2013
B.S. Ex Rel. T.S. v. Somerset County
Citations
- 704 F.3d 250
- 2013 WL 69211
- 2013 U.S. App. LEXIS 443
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that suits seeking redress for injuries traceable to defendants' actions, rather than the state court orders themselves, are not barred by Rooker - Feldman
- holding that Rooker-Feldman doctrine did not preclude subject matter jurisdiction where injury claimed was “traceable to Appellees’ actions, as opposed to the state court orders those actions allegedly caused”
- holding that it would be “hard to imagine” an instance in which fiscal and administra- tive burdens would justify the absence of any hearing at all
- applying the Mathews test to evaluate whether there was the opportunity to be heard at a meaningful time and in a meaningful manner
- “Speaking generally, however, it should be obvious that a hearing 40 days later is not sufficiently prompt.”
- reversing the grant of summary judgment to the county on the plaintiffs procedural due process claim, but affirming on her substantive due process and other claims
Source: CourtListener parenthetical corpus (CC0).
Judges: Fuentes, Jordan, Nygaard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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