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Senator Off The Hook In Pa. Gerrymandering Case: 3rd Circ.

Law360 (April 24, 2019, 6:41 PM EDT) -- Pennsylvania's top state senator doesn't have to personally pay $30,000 for "improperly" removing a landmark gerrymandering case to federal court because he was acting in his official capacity at the time, the Third Circuit said Wednesday, reversing a lower court's decision.

In a 20-page precedential order, a three-judge panel said that while it agreed with the district court that Pennsylvania Senate President Pro Tempore Joseph Scarnati "lacked an objectively reasonable basis" for removing the hotly contested case in 2017, he nonetheless can't be held personally liable for the decision.

"Recognizing the Supreme Court's directive that courts carefully adhere to the distinction...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Appellate - 3rd Circuit

Nature of Suit

3441 Civil Rights Voting

Date Filed

April 18, 2018

Law Firms

Government Agencies