reversed 1/13
Kennedy: You were reversed, right?
Witness: I don’t recall in that case if I was, if the report under the recommendation was adopted in full or did not adopt, yes. The higher court said you incorrectly analyzed qualified immunity and you incorrectly cited the 11th Amendment.

Kennedy: Do you remember a case called Myers V Clinton County Correctional Facility?
Witness: I recall that case as well, and
Kennedy: you were reversed in that case too, weren’t you?
Witness: I believe I was, it was adopted in part, yes.

Kennedy: Um, do you remember a case called Dennis V Sheridan?
Witness: Yes, I believe I recall that case as well,
Kennedy: and you were reversed in that case too?
Witness: I believe that report was adopted
Kennedy: not adopted in full, correct?
Witness: Yes,
Kennedy: okay, but you were reversed.
Witness: It was not adopted, yes.
Kennedy: Being reversed…
Witness: It’s a different…
Kennedy: The District Court declined to adopt the reporting record, the higher Court said you were wrong. Did the Court disagree with my report?
Witness: Yes, yeah

Kennedy: okay. Do you remember a case called Shania V East Pennsboro?
Witness: Yeah, the Shania are our Pro Se plaintiffs who have brought a number of cases, so I’m not sure which one you’re referring to.
Kennedy: Yes, I’m just, uh, curious, you were reversed in that case too, were you not?
Witness: In part, yes

Kennedy: okay. Do you remember a case called Spaniel V Libby?
Witness: Yes, I do.
Kennedy: … the Third Circuit reversed you, is that right?
Witness: I directed that a new trial should be held with a different jury instruction, and the Third Circuit disagreed and found that he had received the due process he was entitled to, yes.

Kennedy: Well, the Third Circuit said you failed to cite, analyze, or properly apply the relevant case law. You were reversed, right?

Witness: The Third Circuit reversed my decision, yeah, okay.
Kennedy: Do you remember a case called Hassle V Centric Bank?

Witness: I vaguely recall that case, yes, Senator.

Kennedy: You were reversed, weren’t you?

Witness: I believe the District Court failed to adopt my… declined to adopt my recommendation.

Kennedy: Do you remember a case called Ramsey V Amtrak?

Witness: Yes, I do.

Kennedy: And the higher Court reversed in that case too, didn’t they?

Witness: The District Court concluded that I was correct in finding that the petitioner did not pay a filing fee, and where I had recommended that the case be dismissed, he granted the petitioner 30 days to correct that.
Kennedy: So you were reversed in part, yes, okay. Do you remember a case called McCracken V Fulton County?

Witness: Yes, I do.

Kennedy: You were reversed in that case too, weren’t you?

Witness: I believe that was in part, yes.
Kennedy: Do you remember a case called Verdbird V Britain?

Witness: I do.

Kennedy: And were you reversed in that case in part?
Witness: Yes,
Kennedy: You remember a case called Alan V Lackawanna County Board of Commissioners?
Witness: I believe I recall that case, Senator.
Kennedy: And you were reversed on that case too, weren’t you?
Witness: I believe I was reversed in part in that case, yes.
Kennedy: You remember a case called Daniels V Capital One Bank?
Witness: Yes.
Kennedy: And I believe you were reversed in that case too?

Witness: I believe it was, yes, I believe so.

Kennedy: I do remember a case called Downey V Pennsylvania Department of Corrections?
Witness: Yes, I remember that case.
Kennedy: You remember a case called Cojean V Wenzel?
Witness: I vaguely recalled that case, yes, sir.
Kennedy: And were you reversed by the higher court there too?
Witness: I believe that our report recommendation was not adopted in full.

Kennedy: Okay, I don’t have time to finish this list. I mean, it’s longer than King Kong’s arm here. You’ve been reversed a lot. In fact, you’ve been nominated before, haven’t you?

Witness: No, I have not, sir.

Kennedy: Well, your nomination was talked about, and Senator Toomey refused to send in a blue slip for you, did he not?

Witness: I’m not sure exactly what happened. I know that this process has been ongoing for two years.

Kennedy: But you know that Senator Toomey refused to even… he thought she was so unqualified that he refused to even allow the Judiciary Committee to consider you, isn’t that correct?

Witness: I do not know what Senator Toomey’s reasons were. You’ve never talked to Senators Toomey about it?

Kennedy: I never discussed it with Senators. And you don’t know anything about a blue slip being withheld on you?

Witness: I do not know.

Kennedy: You’re under oath.

Witness: I am under oath, and I know I do not speak with Senator Toomey or his staff about his reasons for not supporting me

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Q: You were reversed, I don’t have time to finish this list, it’s longer than King Kong’s arm here