On Wednesday, August 9, 2017, The Third Circuit Court of Appeals handed down an opinion reversing the earlier ruling of the trial court that had dismissed the claims of FeldmanShepherd clients, former State Police Commissioner Frank Noonan, former Deputy Attorney General Frank Fina, investigator Randy Feathers, and prosecutors Richard A. Sheetz Jr., and E. Mark Costanzo, allowing the civil rights claims asserted against former Attorney General Kathleen Kane to proceed through discovery. The trial court had dismissed the case in July of 2016, ruling that the case did not meet the threshold required for constitutional claims of this nature. Attorney Mark W. Tanner appealed that decision of the trial court, and argued in front of a three-judge panel of the U.S. Court of Appeals for the Third Circuit, successfully reversing this decision of the lower court that dismissed his clients’ cases against former Attorney General Kathleen Kane. The Third Circuit panel of judges unanimously agreed that the dismissal was in error, and reinstated the case against Kane.
To access the 12-page opinion of Judges Theodore A. McKee, Thomas L. Ambro, and L. Felipe Restrepo, click here.