Monday, November 12, 2018

Various Section 1983 Civil Rights Claims Dismissed in Police Pursuit Case

In the case of Cobb-Leavy v. Borough of Weadon, No. 18-1069 (E.D. Pa. Sept. 5, 2018 Shiller, J.), the court granted a Defendant’s Motion to Dismiss the Plaintiff’s §1983 and other claims arising out of alleged injuries sustained when a car pursued by a police officer crashed into the Plaintiff’s building. 

The court ruled that the Plaintiff’s excessive force claim against the pursuing officer failed since there was no seizure as that term is defined in this context. 

The court additionally held that the Plaintiff’s failure to train claim asserted against the borough failed since the Plaintiff did not allege a policy or a link between a policy and the crash.  

The court also found that the police chief was entitled to qualified immunity under the circumstances presented.   As stated, the Defendant’s Motion to Dismiss was granted.  

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.”  Pennsylvania Law Weekly (October 2, 2018).

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