Latest 2 Cases: Gibbs v. City of Pittsburgh (Civil Rights), United States v. Prophet (Criminal Law)

The Hidden Ideological Stakes of SCOTUS Patent Case

MICHAEL C. DORF

Cornell law professor Michael C. Dorf describes the ostensibly complex legal issues presented in United States v. Arthrex, Inc., in which the U.S. Supreme Court heard argument earlier this week, and explains how those issues reflect an ideological divide as to other, more accessible matters. Professor Dorf argues that although many conservatives would like to dismantle the modern administrative state, our complex modern society all but requires these government agencies, so conservatives instead seek to make them politically accountable through a Senate-confirmed officer answerable to the president, furthering the so-called unitary-executive theory of Article II.

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Gibbs v. City of Pittsburgh

Docket: 20-1414

Opinion Date: March 3, 2021

Judge: Bibas

Areas of Law: Civil Rights, Constitutional Law

Gibbs applied to be a Pittsburgh policeman, passed the written test, and got a conditional job offer. He had to “[b]e personally examined by a Pennsylvania licensed psychologist and found to be psychologically capable [of] exercis[ing] appropriate judgment or restraint in performing the duties of a police officer.” Three psychologists interviewed him; two said he was unfit to serve. Gibbs claims that once they learned of his ADHD diagnosis, they reflexively rejected him without exploring whether his ADHD would interfere with the job. He alleges that his ADHD was under control: Five other police departments have found him mentally fit. He has never misbehaved as a police officer or as a Marine. Gibbs misbehaved as a child before he was treated for ADHD. Gibbs claims that Pittsburgh hired other applicants with similar childhood issues not caused by ADHD. Gibbs sued under the Americans with Disabilities Act and the Rehabilitation Act. The Third Circuit reversed the dismissal of his claims. Governments have a right to ensure that their policemen are mentally fit but they may not use psychological testing as a cover to discriminate. Gibbs has plausibly alleged that the psychologists discriminated against him; the city cannot avoid liability by labeling the psychologists’ approval as a job qualification.

United States v. Prophet

Docket: 18-3776

Opinion Date: March 3, 2021

Judge: Rendell

Areas of Law: Criminal Law

Prophet pleaded guilty to possessing child pornography, 18 U.S.C. 2252(a)(4) and 11 counts of receipt of child pornography, section 2252(a)(2). The court applied a two-level enhancement for distribution (U.S.S.G. 2G2.2(b)(3)(F)) based on Prophet’s use of LimeWire, a peer-to-peer file-sharing network. Prophet maintained that he did not know that LimeWire made his files available to other users. The court noted that “distribution” “is not restricted to acts with intent only,” and sentenced Prophet to 168 months’ imprisonment plus 15 years of supervised release. The Third Circuit affirmed. Prophet moved to vacate his sentence in 2015 based on a Third Circuit holding that the offense of distribution of child pornography under section 2252(a)(2) based on the use of a peer-to-peer network requires evidence that another person accessed the material. The Third Circuit affirmed the denial of the petition. Prophet subsequently challenged the application of a two-point Guidelines enhancement for distribution of child pornography, citing 2016’s U.S.S.G. Amendment 801, limiting the enhancement to those who “knowingly engaged in distribution.” The Third Circuit again denied relief. Amendment 801 is not a clarifying amendment that can be raised and retroactively applied under 28 U.S.C. 2255. The court noted that Prophet was released from prison in 2019 and is now serving supervised release.