Philip J. Finnegan
How Judge Finnegan rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Finnegan no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Finnegan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Finnegan insisted that appellate decisions rest on the trial record rather than conjecture about missing material.
“Speculation is a luxury in which reviewing courts cannot afford to indulge.”
He treated a sufficiently pleaded civil-rights claim as requiring an answer rather than an argument on the merits disguised as a motion to dismiss.
“The sole question on this record is whether on all the facts admitted this complaint states a cause of action.”
Cautions
Finnegan required a post-conviction hearing when the existing record could not resolve the factual issue underlying the claim.
“If § 2255 procedure is to be adequate and effective in this case the order of dismissal must be set aside and the cause remanded for hearing.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Reversed and remanded with directions.”
“The order appealed is reversed and the cause is remanded for a hearing under and pursuant to 28 U.S.C. § 2255.”
“The judgment appealed is affirmed.”
“The j'udgment appealed is reversed and the cause is remanded with directions to overrule the motion to dismiss and that defendants answer the complaint.”
“The petition for review is hereby dismissed.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a single assigned trial caseload.
A historical record
Judge Finnegan no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.