Advertising Disclosure Email Disclosure

Claims for violation of constitutional rights asserted against an individual township engineer are to be dismissed where the claim is also asserted against the township.

July 1, 2010
Perano v. Township of Tilden, 2010 U.S. Dist. LEXIS 36781 (E.D.Pa. April 12, 2010)

The owner of a mobile home park alleged Township officials vexatiously acted to prevent him from expanding and further developing the park in violation of his constitutional right to use and develop his property. The owner also alleged that the Township Engineer advised the Township on issues in a manner that precluded the owner from expanding. The Township Engineer moved to dismiss this claim on substance, as he was sued in his official capacity, and on the basis that the Township was also a defendant. In ยง1983 suits, a claim against a government officer in his official capacity is the same as a claim against the entity of which the officer is an agent. Thus, the court held that the claims against the Township Engineer in his individual capacity merged with the claims against the Township, and the claims against the Township Engineer individually were dismissed.

Case Law Alert - 3rd Qtr 2010

Affiliated Attorney

Gregory J. Kelley
(610) 354-8273

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."