Appeals court declines to toss McIver case; panel split on selective prosecution

The U.S. Court of Appeals for the Third Circuit on Wednesday declined to dismiss the case against Rep. LaMonica McIver, D-N.J., the court said.

The three-judge panel was divided over claims that prosecutors selectively targeted McIver, according to the ruling.

Court filings allege McIver attacked law enforcement with her forearms during a scuffle with immigration agents, the filings say.

The court issued its decision Wednesday. The ruling did not resolve the underlying criminal allegations against McIver, the opinion said.