Federal Magistrate Judge Addresses Excessive Force Civil Rights Claims

In the case of Thompkins v. Klobucher, No. 2:21-CV-00320-CRE (W.D. Pa. Oct. 3, 2022 Reedy Eddy, M.J.), the court addressed a Motion for Summary Judgment filed by a Defendant police officer in a §1983 Civil Rights Action alleging excessive use of force.

According to the Opinion, the Plaintiff wife’s arm was broken was she was being arrested for domestic violence.

In reviewing the Defendant police officer’s Motion for Summary Judgment, the court found that there were genuine issues of material fact to be decided by a jury with regards to the alleged excessive force claim.

The court also found that the police officer was not entitled to qualified immunity at this stage of the proceedings.

As such, the police officer’s Motion for Summary Judgment was granted in part and denied in part.

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


Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 20, 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).

Corrected Link to Jefferson v. Lias Qualified Immunity Case

Yesterday, the case Third Circuit Court of Appeals case of Jefferson v. Lias, No. 20-2526 (3d. Cir. Dec. 16, 2021)(Maj. Op. by Restrepo, J.), was reviewed here on Tort Talk.

In that case the Third Circuit Court of Appeals addressed the circumstances under which a Defendant police officer may be entitled to qualified immunity under a civil rights action brought under 42 U.S.C. §1983.

Here is the corrected LINK for that decision.

I apologize for any confusion that may have been caused by the faulty original link.

Third Circuit Court of Appeals Addresses Qualified Immunity for Police Officers in Civil Rights Actions

In the case Third Circuit Court of Appeals case of Jefferson v. Lias, No. 20-2526 (3d. Cir. Dec. 16, 2021)(Maj. Op. by Restrepo, J.), the Court addressed the circumstances under which a Defendant police officer may be entitled to qualified immunity under a civil rights action brought under 42 U.S.C. §1983.

In this case, the district court had granted a Defendant police officer’s summary judgment motion as to the alleged use of excessive  force in violation of the Fourth Amendment. The city was also granted summary judgment as to the Plaintiff’s alleged Monell claims. 

At the lower court level, the court found that the Defendant police officer’s use of deadly force was reasonable under the circumstances, but that, even assuming it was not, the police officer was shielded from liability in any event by the doctrine of qualified immunity because his actions did not violate any  clearly established law.

On appeal, the Third Circuit Court of Appeals found that the district court had improperly weighed evidence in determining that the Plaintiff allegedly presented a danger to those in the area based upon his escape and the court found that there were factual issues to be decided by the jury.

The Third Circuit Court of Appeals then also discussed the doctrine of qualified immunity and provided clarification as to how it should be determined whether a right at issue is clearly established at the time of the alleged violation.

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