Despite “inexcusable failures” in the criminal justice system, a divided federal appeals court has ruled that a man incarcerated for 10 years without trial on dismissed homicide charges can’t sue the Pennsylvania court system.

While acknowledging that a grave miscarriage of justice had occurred in Craig Geness’ case, a split three-judge panel of the U.S. Court of Appeals for the Third Circuit held that the Administrative Office of Pennsylvania Courts was shielded by governmental immunity from his Americans with Disabilities Act lawsuit.

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