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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.

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Jul 25, 2019
We obtained summary judgment on behalf of four police officers accused of excessive force. ​An 87-year-old woman called 911 when she saw the plaintiff, whom she did not know, sitting in his car in her driveway. The four officers arrived to...
Apr 11, 2019
We obtained summary judgment in favor of a town and several of its police officers in an excessive force and malicious prosecution case in the U.S. District Court for the Middle District of Pennsylvania. The plaintiff and his family were in...
Apr 11, 2019
The plaintiff, a sophisticated commercial real estate developer, brought constitutional claims against a New Jersey borough and its planning board’s engineer, alleging inverse condemnation and violations of due process relating to a 14-acre...
Apr 11, 2019
We obtained summary judgment in favor of a borough, its police chief, a detective, a lieutenant and a school resource officer in a civil rights lawsuit. ​The plaintiff, a local high school teacher, alleged that no probable cause existed to charge...
Dec 31, 2018
We obtained dismissal of our clients, a local police department and two of its detectives, on a motion to dismiss. The plaintiff, who had been acquitted of the sexual assault of an emotionally disturbed teenage girl, sued the detectives and their...
Dec 1, 2017
The defense obtained a unanimous, precedential decision in the Third Circuit reversing a federal district court’s denial of qualified immunity for our police officer clients. The plaintiff was a passenger in a car struck by a bullet fired by...
Dec 1, 2017
The plaintiff was engaged in a drug transaction on the street when uniformed officers who were watching approached him from a block away. When the plaintiff jumped into his car and sped away through residential streets in the middle of the day, the...
Dec 1, 2017
Our client, a local planning commission, was sued for allegedly taking too long to approve a zoning permit for the establishment of a restaurant. The plaintiffs filed a single-count complaint, seeking damages for willful and intentional conduct on...
Dec 1, 2017
Obtained a dismissal on behalf of our clients, a Fire Department and two of its firefighters, in the U.S. District Court for the Eastern District of Pennsylvania. At the direction of the Borough Code Enforcement, the Fire Department inspected the...
Dec 1, 2017
The plaintiff brought claims of excessive force against one of two police officers and claims of assault and battery against the other officer. The incident in question occurred during a traffic stop. The plaintiff bore a strong resemblance to, and...

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Law Alerts April 1, 2015
The plaintiff alleged that the School District failed to “provide evaluations, services and support in order to address and remediate the [minor’s] disability.” Although the plaintiff’s complaint seemed to resound under the..., Case Law Alerts, 2nd Quarter, April 2015 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts January 6, 2015
The plaintiff brought a declaratory judgment action for failure to comply with the Open Public Records Act. The trial judge dismissed the declaratory judgment action, ruling in a case of first impression that an alleged violation of OPRA does not..., Case Law Alerts, 1st Quarter, January 2015
Law Alerts January 6, 2015
The plaintiff sustained severe and permanent injuries, including a crushed pelvis and the amputation of her left leg above the knee, when a school bus, owned and operated by an employee of the appellee School District, accelerated out of control..., Case Law Alerts, 1st Quarter, January 2015
Law Alerts January 6, 2015
FBI agents investigating multiple pharmacy burglaries installed a GPS tracker on the van of the Katzin brothers. The warrantless surveillance led to evidence of the involvement of brothers Harry, Michael and Mark Katzin in the burglaries. Slightly..., Case Law Alerts, 1st Quarter, January 2015
Law Alerts October 1, 2014
Community College of Beaver County (CCBC), a Beaver County, Pennsylvania political subdivision agency, unsuccessfully filed partial summary judgment against the plaintiffs’ claim under the Pennsylvania Unfair Trade Practices and Consumer..., Case Law Alerts, 4th Quarter, October 2014
Law Alerts October 1, 2014
Summary judgment was granted to the County of Bergen from a claim of injury due to a fall from a slide. The minor plaintiff’s guardian had an expert to establish the theory that the injury occurred due to a failure to provide adequate ground..., Case Law Alerts, 4th Quarter, October 2014
Law Alerts July 1, 2014
The tortfeasor in this matter was taken into custody by the Philadelphia Police Department, handcuffed and placed in the back of a police cruiser. Notwithstanding his restraints, he somehow managed to commandeer the police cruiser. The plaintiff was..., Case Law Alerts, 3rd Quarter, July 2014
Law Alerts July 1, 2014
The Appellate Division, per curium, held as a matter of law that the state of New Jersey cannot be sued under the New Jersey Civil Rights Act since the state is not a person capable of being sued under the Act. , Case Law Alerts, 3rd Quarter, July 2014
Law Alerts July 1, 2014
The plaintiff worked for the county as a nurse’s aide for eight years, until she was terminated due to drug testing results. Prior to her discharge, the plaintiff had injured her neck and back at work while assisting a co-worker in lifting a..., Case Law Alerts, 3rd Quarter, July 2014

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January 19, 2017
Candace D. Embry, associate in the Philadelphia office of  Marshall Dennehey Warner Coleman & Goggin, has been elected to the Board of Directors of Philadelphia VIP, where she will serve as Board Secretary. Philadelphia VIP is a nonprofit organization that recruits, trains and supports...
November 18, 2013
Obtained summary judgment, affirmed on appeal in the Commonwealth Court, for a police officer, his supervisor and the police department in a case involving police pursuit that ended in a fatal crash. The case changed the law in Pennsylvania, as the court held for the first time, "There is no duty...
July 30, 2013
Scott G. Dunlop, shareholder and managing attorney of the Pittsburgh office of Marshall Dennehey Warner Coleman & Goggin, has been elected to membership of the Academy of Trial Lawyers of Allegheny County. The organization is devoted to promoting the highest standards of integrity, civility and...
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...
Conference Jul 13, 2014
Christopher P. Boyle and John P. Gonzales will be featured speakers at the Pennsylvania Chiefs of Police Centennial Conference. On July 14, Chris will present "Civil Litigation Boot Camp for New Police Chiefs," and John will present,...
Seminar Jul 23, 2018
Police canine handlers and supervisors must clearly understand their roles and responsibilities as they, along with their municipal employer, may face a potentially high liability exposure particularly when there is a lack of clear canine...
Conference Apr 18, 2019
The PRIMA Conference offers more than 50 educational sessions addressing areas such as employee benefits/human resources, enterprise risk management, legal and regulatory, management and administration, pools, risk control, risk management,...
Conference Jul 14, 2019
For more information, click here.

Chair

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

Additional Contacts

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

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