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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