Public Entity and Civil Rights Litigation

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Our firm has over 35 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, Connecticut, 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.
 
 

Santarone_Joseph
Joseph J. Santarone Jr., Chair

Following Commonwealth v. Alexander, Article I, Section 8 of the Pennsylvania Constitution continues to permit warrantless “inventory searches” of impounded automobiles.

Philadelphia - Headquarters
Public Entity and Civil Rights Litigation
In Commonwealth v. Alexander, 243 A.3d 177 (Pa. 2020), the Supreme Court of Pennsylvania held that Article I, Section 8 of the Pennsylvania Constitution affords greater privacy interests than the Fourth Amendment to the U.S. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Jail officer’s knowledge of a potential policy violation by a medical care contractor was not enough to prove knowledge of a substantial risk of a constitutional violation under 42 USC section 1983.

Cleveland
Public Entity and Civil Rights Litigation
A jail officer was present outside of a privacy curtain while a male medical care contractor was providing medical care to a female inmate in the absence of a chaperone, which was contrary to policy. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Vague assertions that existing policies were inadequate are not enough to impose Monell municipal liability.

Scranton
Public Entity and Civil Rights Litigation
This federal civil rights and employment discrimination action was brought by the plaintiff, a correctional officer employed at Luzerne County Correctional Facility (LCCF), against her employer, Luzerne County, and two of her supervisors, one of w Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Public Entity Required to Disclose Private Email Account Pursuant to an OPRA Request

Mount Laurel
Public Entity and Civil Rights Litigation
The plaintiff, Frank Brooks, submitted a written request under the Open Public Records Act (OPRA) and the common law right of access for a log showing the sender, recipient, date, submit line, persons copied, and persons blind-copied for each emai The material in this law alert has been prepared for our readers by Marshall Dennehey .
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City and Transportation Department entitled to qualified immunity and driver’s own actions were sole proximate cause of the accident.

Harrisburg
Automobile Liability
Public Entity and Civil Rights Litigation
A driver brought an action against the City and the City’s Transportation Department, seeking damages for personal injuries sustained in an accident on an exit ramp, which was allegedly a result of the City’s and the Transportation Department’s ne Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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District court order dismissing a federal civil rights lawsuit affirmed.

Public Entity and Civil Rights Litigation

A panel of the the Third Circuit unanimously affirmed an order of the U.S.D.C. for the District of Delaware which granted a Rule 12 motion to dismiss in favor of law enforcement officials. The plaintiff filed suit under Section 1983, seeking damages for the alleged violation of his Fourth and Fourteenth Amendment rights following a traffic stop, for driving under the influence of alcohol, and the lawful seizure of blood alcohol evidence.

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Township immune from liability pursuant to Pennsylvania’s Political Subdivision Tort Claims Act.

Public Entity and Civil Rights Litigation

We obtained summary judgment in favor of a township client. The Court of Common Pleas of Bucks County entered judgment as a matter of law in favor of the township, dismissing with prejudice the plaintiff’s negligence and negligent supervision claims. Counsel argued, and the court agreed, the township was immune from liability pursuant to Pennsylvania’s Political Subdivision Tort Claims Act, 42 Pa. C.S. § 8541 et. seq.

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Township granted Rule 12 motion to dismiss.

Appellate Advocacy and Post-Trial Practice
Public Entity and Civil Rights Litigation

We successfully obtained from the U.S. Court of Appeals for the Third Circuit affirmance of a district court order granting a township’s Rule 12 motion to dismiss. The panel agreed with the appellees and concluded the District Court exercised proper discretion in dismissing the complaint since the plaintiffs failed to assert under 42 U.S.C. § 1983 plausible claims of federal constitutional violations.

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Defense verdict in Pennsylvania Whistleblower Law trial.

Public Entity and Civil Rights Litigation

The plaintiff alleged she had been removed from her position as the Township Building Code Official and demoted to a lesser position in retaliation for testifying before a grand jury investigating allegations of misconduct involving a mixed-use apartment complex being developed within the Township.

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Federal civil rights claims against former city Assistant District Attorney dismissed.

Public Entity and Civil Rights Litigation

We successfully obtained dismissal with prejudice of federal civil rights claims brought against an Assistant District Attorney. The plaintiff alleged he entered an involuntary guilty plea to murder following a defective plea colloquy with a judge, who now sits on the Third Circuit Court of Appeals. The plaintiff alleged the transcript evidence of the colloquy was improperly altered by our client during his first post-conviction collateral proceeding, thereby resulting in violations of his Fifth, Sixth and Fourteenth Amendment rights.

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News

Defense of police pursuit case results in change to state law.

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 of care to passengers whose existence, or whose connection to the driver and the conduct for which he is being pursued, is unknown to the officer. Because there was no duty of care, summary judgment was appropriate as a matter of law."

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Scott Dunlop Elected to Academy of Trial Lawyers of Allegheny County

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 competence among civil trial lawyers in the legal profession. Admission into the academy is by invitation only, after an extensive peer review and election process.

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Events

Apr 18,
2019

PRIMA 2019 Annual Conference

3:00PM
Kissimmee
FL
The PRIMA Conference offers more than 50&nbsp;educational sessions addressing areas such as employee benefits/human resources, enterprise risk management, legal and regulatory, management and admin
More Info