Diane Briscoe, et al. v. Officer Steven Jackson, et al., 2014 U.S. Dist. LEXIS 23496 (U.S.D.C. East. Dist. Pa., 2/14)

Claims against officers and borough were dismissed, as under the circumstances, the officer’s actions amounted to reasonable suspicion for an investigatory stop.

The plaintiffs—a police officer and her sons—brought a civil rights action against the Borough and two of the Borough’s police officers alleging an unlawful seizure and malicious prosecution in violation of the Fourth Amendment under 42 U.S.C. § 1983. The plaintiffs entered a residence upon a request and with permission from the owner to conduct a paranormal investigation on the premises. The property had recently suffered damage from a fire and had been deemed uninhabitable by the Borough. The defendant officers entered the home, which did not have electricity, and ordered all other occupants to come outside and lie down at gun point. The plaintiffs were charged with criminal trespass and disorderly conduct. The court granted summary judgment, finding that the investigatory stop was proper and that the officers’ actions did not amount to an unreasonable seizure or malicious prosecution. In addition, the court found in favor of the Borough as the plaintiffs failed to present any evidence that would go to whether a policy or custom was put in place by the Borough that caused a violation of the plaintiffs’ constitutional rights.

Case Law Alerts, 2nd Quarter, April 2014