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Public Entity and Civil Rights Litigation

Our firm has over 20 years of experience in handling public entity liability matters in civil courts. A significant strength of Marshall Dennehey Warner Coleman & Goggin is the regional representation we provide insurers and self-insureds. The practice group defends public entities in the state and federal courts of Pennsylvania, New Jersey, Florida, Delaware, Ohio and New York, and in the various administrative agencies.
 
Public entity liability encompasses a broad range of claims against local governments and townships, including claims against police departments, zoning boards and school districts. Our attorneys have defended local governments against claims of:

  • Excessive force by police
  • Improper police pursuit
  • Failure to maintain real estate or highways
  • Negligent design of roads
  • Inadequate traffic control devices

 
Members of our firm have also defended zoning boards in:

  • Land use claims
  • Claims arising from political or racial discrimination

 
Our representation of school districts has included:

  • Claims alleging improper student discipline
  • Inappropriate student contact
  • School bus accidents
  • Claims arising under the Rehabilitation Act
  • Individuals with Disabilities in Education Act

 
The Public Entity Liability Practice Group has also handled various employment liability matters on behalf of governmental agencies, such as:

  • Claims of violation of the Police Tenure Act
  • Claims of discrimination in violation of the Americans with Disabilities Act
  • Age Discrimination in Employment Act
  • Family Medical Leave Act
  • Title VII
  • Other federal and state statutes

 
Our civil rights practice involves defending claims that allege deprivation of an individual's civil rights by a public entity. Such claims are brought under 42 U.S.C. 1981, 1982, 1983, 1985, and 1986 and may be "stand alone" claims brought by third parties or employees and may be combined with claims of employment discrimination.
 
We handle every case with a practical, results-oriented approach that balances strong representation with realistic cost containment. We would welcome the opportunity to work with you in handling your public entity and civil rights litigation. We are also available to give presentations and conduct training seminars at your location or ours.
 
Marshall Dennehey Warner Coleman & Goggin serves clients in Philadelphia, Pittsburgh, Tampa, Orlando, Jacksonville, Ft. Lauderdale and communities throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida and New York.

Case Study December 1, 2012

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May 16, 2013
A directed verdict obtained in a wrongful discharge suit. The plaintiff claimed that the employer/hospital violated the public policy exception to at-will employment by relatliating against her for associating with a patient who sued the employer;...
May 16, 2013
The plaintiff alleged that our client, along with several township officials and Commission employees, conspired against him to violate his First Amendment right to run for political office. The court concluded that the plaintiff failed to produce...
May 16, 2013
Obtained a defense verdict in a national origin and disability discrimination case. Fourteen of the seventeen counts were dismissed based on our summary judgment motion, including the failure to accommodte claim. We received a defense verdict on the...
Nov 1, 2012
We successfully obtained summary judgment for a local municipality sued under the Uniform Services Employment and Reemployment Law (USERRA) and the Pennsylvania Military Affairs Act (PMAA). The claimant had alleged damages of $1.7 million. The court...
Mar 1, 2012
We obtained a defense verdict after a six-day trial in the U.S. District Court in a case involving complex 1st Amendment, 14th Amendment Equal Protection, Title VII and state law issues on the division of authority between a row officer (elected...
Sep 19, 2011
Attorney obtained summary judgment on behalf of a County in a Title VII Race Discrimination Claim. The plaintiff, a former Judicial Secretary and Tipstaff, alleged that the County discriminated against her because of her race by refusing to hire her...
Sep 8, 2011
Attorneys obtained summary judgment in a civil rights action against an Area School District and two of its former administrators. The plaintiff was a high school student who claimed she was subjected to bullying by several of her basketball...
Aug 29, 2011
Attorneys obtained summary judgment in a case in which the plaintiff claimed that he was falsely arrested and in doing so was subjected to excessive force. Plaintiff, a 72 year old man, went to a county courthouse to conduct "research." He had in...
Aug 18, 2011
Attorneys obtained judgment for a client. The case involved 1st, 4th and 14th Amendment claims as well as a conspiracy claim against our client, a police officer and state department of transportation officials, after plaintiff was fired from his...
Jun 20, 2011
Attorney obtained summary judgment in an excessive force/false arrest claim. The plaintiff, a convicted felon, was driving the wrong way on a busy highway and was arrested by our client for drug possession and DUI. He was sent back to prison for...

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Law Alerts April 11, 2013
The plaintiff, an inmate in a state correctional institute, filed a complaint pursuant to 42 U.S.C.S. § 1983, alleging that prison defendants violated his First Amendment right to access the courts by failing to timely deliver his notice of..., Case Law Alerts - 2nd Quarter 2013
Law Alerts April 11, 2013
The plaintiff filed an action seeking a judgment declaring the defendant-school district and its custodian of records in violation of the Open Public Records Act (OPRA) and in violation of the common law right of access to public records. The..., Case Law Alerts - 2nd Quarter 2013
Law Alerts April 11, 2013
The plaintiff parent sued the school district in the U.S. District Court for the Eastern District of Pennsylvania under 42 U.S.C.S. § 1983, alleging various constitutional violations arising from the district's operation of a basketball..., Case Law Alerts - 2nd Quarter 2013
Law Alerts January 11, 2013
The plaintiff submitted a request seeking documents showing names and addresses of all licensed dog and cat owners in Fair Lawn, including all dog and cat applications or licenses on file, in order to mail literature endorsing animal-friendly..., Case Law Alert - 1st Quarter 2013
Law Alerts January 11, 2013
The plaintiffs, a mother, father and their daughter, sued the defendants, including a police officer acting under the color of state law, pursuant to 42 U.S.C.S. § 1983. The plaintiffs' alleged a claim for false arrest and false..., Case Law Alert - 1st Quarter 2013
Defense Digest Article December 1, 2012
The Public Entity and Civil Rights Practice Group of Marshall Dennehey has been representing public entities for over thirty years. We pride ourselves on the number of cases we have tried and the difficult cases for which we have been able to obtain..., Defense Digest, Vol. 18, No. 4, December 2012
Case Study December 1, 2012
Law Alerts October 1, 2012
An inmate of the state prison filed a civil rights complaint pursuant to 42 U.S.C. § 1983 alleging various prison employees and officials had violated his First, Fifth, Eighth and Fourteenth Amendment rights. In general, the inmate complained..., Case Law Alert - 4th Qtr 2012
Law Alerts October 1, 2012
Under a borough ordinance, an owner of a property must obtain a rental license prior to renting any part of such property. To obtain a rental license, the borough requires either a safety inspection by its code enforcer or that the owner obtain a..., Case Law Alert - 4th Qtr 2012
Defense Digest Article September 1, 2012
Key Points: United States Supreme Court extends protection of qualified immunity to privately employed individuals who perform work for government. Extension of immunity enhances opportunities for governmental entities to seek part-..., Defense Digest, Vol. 18, No. 3, September 2012

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Conference May 5, 2013
More lives, property, and working hours are lost to police pursuits and accidents than almost any other cause. Speaking from the perspective of a retired police officer, who now defends such officers in federal and state lawsuits, this presentation...

Chair

Joseph J. Santarone Jr.
Chair, Public Entity & Civil Rights Practice Group
(215) 575-2626
jjsantarone@mdwcg.com

Additional Contacts

Scott G. Dunlop
Managing Attorney, Pittsburgh, PA Office
(412) 803-1144
sgdunlop@mdwcg.com

Related Practice Areas

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Thank you for your interest in our firm. The information contained on this Website contains statements, videos and other content about the type and quality of services offered by Marshall Dennehey Warner Coleman & Goggin, as well as past results and testimonials about the firm. This information has not been reviewed nor approved by the Florida Bar.

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