Jim Davy

Biography

Jim Davy is the founder of All Rise Trial & Appellate, where he litigates appeals across the country. Among other victories, Jim has:

• Prevailed on issues of first impression, see HRDC v. U.S. Park Police, 126 F.4th 708 (D.C. Cir. 2025) (rejecting the government’s use of so called “claw back” orders to recover inadvertently disclosed records); Hall v. Millersville, 22 F.4th 397 (3d Cir. 2022) (holding that schools can be liable under Title IX for deliberate indifference to sex-based harassment by non-student guests); United States v. Marshall, 604 F.Supp.3d 277 (E.D. Pa. 2022) (granting compassionate release on novel legal theory); Kozicki v. UCBR, 299 A.3d 1055 (Pa. Commw. Ct. 2023) (holding that the Pa. Dep’t of Labor & Industry’s practice of failing to transmit unemployment claimants’ full records to hearing referees violates due process);

• Reinstated cases of formerly pro se incarcerated litigants, see Miles v. Anton, 42 F.4th 777 (7th Cir. 2022) (exempting claims from PLRA exhaustion); Thomas v. Tice, 948 F.3d 133 (3d Cir. 2020) (clarifying liability for dry-celling prisoners); Sanchez v. Klemm, No. 22-3171, 2024 WL 3160362 (3d Cir. 2024) (providing for reinstatement after breach of settlement); Johnson v. Peterson, 847 F. App’x 343 (6th Cir. 2021) (involving nontreatment of Hep C), Ross v. Bush, No. 19-3947, 2022 WL 2816797 (3d Cir. 2022) (reversing denial of habeas corpus petition);

• Dispatched interlocutory appeals from denials of qualified immunity, see Galloway v. Cnty. of Nassau, 141 F.4th 417 (2d Cir. 2025) (wrongful conviction); Rush v. City of Philadelphia, Officer Richard Nicoletti, 78 F.4th 610 (3d Cir. 2023) (fatal police shooting); Martin v. Miami Dade Cnty., No. 23-10841, 2024 WL 1434329 (11th Cir. 2024) (excessive force and false arrest); E.D. v. Sharkey, 928 F.3d 299 (3d Cir. 2019) (expanding due process rights for detained immigrants);

• Co-counseled a successful petition to the en banc Ninth Circuit, resulting in an opinion holding that universities can control off-campus contexts for Title IX purposes, see Brown v. State of Arizona, 82 F.4th 863 (9th Cir. 2023) (en banc), and prevailed in other Title IX matters, see John Doe 2 v. N.C. State University, 125 F.4th 498 (4th Cir. 2025).

Previously, Jim was a law fellow at the nation’s largest labor union and a staff attorney at state and national nonprofit civil rights organizations. He clerked for the Hon. L. Felipe Restrepo of the U.S. Court of Appeals for the Third Circuit, and graduated cum laude from Georgetown University Law Center, where he was a Public Interest Law Scholar and was an editor of the Georgetown Journal of Poverty Law & Policy. He is currently a member of the National Police Accountability Project and sits on the board of the Third Circuit Bar Association.

Jim is admitted to practice in the Commonwealth of Pennsylvania, in the U.S. Courts of Appeals for the First, Second, Third, Fourth, Sixth, Seventh, Ninth, Tenth, Eleventh, D.C. and Federal Circuits; in the U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania and the District of the District of Columbia; and at the U.S. Supreme Court.