Friday, September 30, 2022

Section 1983 Civil Rights Claims Arising Out of a Police Chase Case Allowed to Proceed

In the case of Donahue v. Borough of Collingdale, No. 22-1695 (E.D. Pa. Aug. 19, 2022 Baylson, J.), the District Court denied Defendants’ Motion to Dismiss in a civil rights claim against police officers who engage in a high speed chase that resulted in a fatal collision.  The Plaintiffs also sued the municipality.

The court ruled that, while the Plaintiffs had a heavy burden of proof, the allegations in their Complaint were sufficient to allege a cause of action under a state-created danger theory and other theories of liability.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be seen HERE

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Sept. 16, 2022).

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