Third Cir. Characterizes “Hybrid-Rights Theory” as Dicta in Split from Other Circuits

The Split Circuits Blog has this post that begins:

Per Combs v. Homer-Center School Dist., — F.3d —-, 2008 WL 3863701 (3rd Cir. Aug 21, 2008):

Smith’s hybrid-rights theory has divided our sister circuits. Some characterize the theory as dicta and others use different standards to decide whether a plaintiff has asserted a cognizable hybrid-rights claim. The United States Courts of Appeals for the Second and Sixth Circuits have concluded the hybrid-rights language in Smith is dicta.