Opinion

E. D. v. Daniel Sharkey

  • 928 F.3d 299
Court
Court of Appeals for the Third Circuit
Filed
Jul 1, 2019
Status
Published
Author
Smith
On the bench
Smith
Cited by
168 cases
Authority
More cited than 13.9%

holding that a civil immigration detainee is entitled to the “same due process protections” as a citizen pretrial detainee

How later courts described this case

  • holding that a civil immigration detainee is entitled to the “same due process protections” as a citizen pretrial detainee
  • holding that immigration detainees are entitled to the same due process protections as pretrial detainees
  • holding that knowledge of obvious ongoing sexual relationship between detainee and officer and failure of co-workers or supervisor to take steps to protect detainee supported their own involvement in the constitutional violation
  • holding that immigration detainees are entitled to the same due process protections as pretrial detainees and delineating the applicable legal standard for a detainee’s conditions of confinement claim

Written by the judges who cited it.

The opinion

SMITH, Chief Judge, concurring.

I join my colleagues' sound reasoning in upholding the District Court's denial of qualified immunity and dismissing the remainder of the appeal. I write separately to highlight a concern with the structure of the order under review.

When summary judgment has been denied on qualified immunity grounds, we have jurisdiction to "determine whether the facts identified by the District Court constitute a violation of a clearly established constitutional right."

Atkinson v. Taylor

,

316 F.3d 257

, 261 (3d Cir. 2003). Here, the District Court addressed the summary judgment motion by issuing an order, unaccompanied by a supporting opinion. Instead, the order included a lengthy footnote setting forth the District Court's reasoning. This "footnote order" practice is frequently employed by our colleagues in the Eastern District of Pennsylvania, and it is not my desire to interfere with a longstanding custom and practice of that district. Indeed, in my view, there is nothing inherently problematic with so-called "footnote opinions." In this case, however, the footnote neglects to identify a single undisputed fact, and provides only cursory discussion-without reference to the evidence of record-to support the conclusion that disputes of material fact exist.

Because Appellants have raised on appeal relatively narrow legal claims that are capable of resolution without the need to closely examine the nuances of the District Court's fact-finding, I see no need to remand this matter for a more comprehensive opinion. Nonetheless, while the District Court provided just enough detail for us to render a decision in this case, it cannot be overlooked that perfunctory treatment of the factual record does not comport with the spirit of the supervisory rule that we announced in

Forbes v. Township of Lower Merion

,

313 F.3d 144

(3d Cir. 2002). In

Forbes

, we observed that providing only "spare comments" in a qualified immunity denial "greatly hampered" our ability to conduct meaningful appellate review.

Id.

at 148

. We therefore

expressly set forth a rule applicable to all qualified immunity decisions: "we ... require the District Courts to specify those material facts that are and are not subject to genuine dispute and explain their materiality."

Id.

at 146

.

Forbes

has been the rule of our Court for well over a decade and a half, and remains so for good reason. A comprehensive and detailed summary judgment opinion, specifying those facts that are undisputed as well as those that are material and subject to genuine dispute, is vital-and often essential-to our meaningful review on appeal. I write to underscore the continued importance that our judges attach to compliance with the

Forbes

rule, and to discourage cursory footnote treatment of the factual record in qualified immunity decisions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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