Public Entity & Civil Rights Litigation

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Marshall Dennehey has been a pioneer in providing regional defense representation to insurers and self-insured organizations for over 60 years. From offices conveniently located near the state and federal courts throughout Pennsylvania, New Jersey, Florida, Ohio and New York, the attorneys of our Public Entity & Civil Rights Litigation Practice Group have extensive experience successfully representing and defending all manner of public risk claims and litigated disputes involving municipalities, school districts and other public corporations, including their officials and employees. 

Public entity liability encompasses a broad range of claims against local governments, including police departments, zoning officers, public works agencies and school districts. Our attorneys commonly defend local governments against claims in the nature of:

  • Law enforcement liability for wrongful search and seizure, excessive force, improper vehicular pursuit, false arrest, and malicious prosecution under state law and the federal civil rights statutes;
  • Claims against public school districts alleging improper student discipline, inappropriate student contact, bullying and sexual abuse;
  • Land use regulation and permit disputes brought under the First and Fourteenth Amendments, the Fair Housing Act, the Americans with Disabilities Act and state zoning laws;
  • Due process claims under the Individuals with Disabilities in Education Act, First Amendment protected speech claims, discrimination claims and student transportation accidents; 
  • Employment practices liability claims of all descriptions brought under state and/or federal law, including discrimination claims lodged with the EEOC and the equivalent state administrative investigation agencies;
  • State tort claims for personal injuries and property damages brought under the governmental immunity statutes and laws unique to each state;
  • Claims against elected officials alleging political, gender or racial discrimination, defamation or violations of rights to freedom of speech, equal protection, due process of law and freedom from retaliation. 

Our attorneys regularly collaborate with each other to discuss litigation tactics, case resolution strategies and developments in the law, providing our clients with the assurance they will receive uniformly high-quality representation. We handle every case with a practical, results-oriented approach that balances strong representation with realistic cost containment. 

Santarone_Joseph
Joseph J. Santarone Jr., Chair

Mistake of Fact Is Insufficient for Qualified Immunity in an Operating While Intoxicated Arrest.

Cleveland
Public Entity & Civil Rights Litigation
The plaintiff, an Asian male in the U.S. on a visa, was pulled over for a broken headlight. The plaintiff attempted to exit the vehicle during the stop, allegedly a possible sign of intoxication. During the stop, the officer smelled vodka. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Clearly Established Constitutional Right: A Fact-Specific, Published Finding Is Necessary to Clearly Establish a “Private Act of Violence”

Cleveland
Public Entity & Civil Rights Litigation
Emergency medical personnel were granted qualified immunity after pronouncing a person dead, despite her still demonstrating respiratory movement and electrical activity, leading to her transport to a funeral home in a body bag. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Supreme Court Finds Distinction in Applicability of Law Enforcement’s Governmental Immunity

Westchester
Trucking & Transportation Liability
Public Entity & Civil Rights Litigation
This is a very interesting appeal involving whether a police officer holds a special defense of governmental immunity in the appellant’s underlying personal injury lawsuit. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Unanimous Defense Verdict in Excessive Force Jury Trial

Public Entity & Civil Rights Litigation

We achieved a defense jury verdict in a 4th Amendment civil rights trial in the U.S. District Court for the Middle District of Pennsylvania. The plaintiff alleged that two officers of our Northeastern Pennsylvania Police Department client used excessive force to transfer him from the police station’s processing room to a holding cell.

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Summary Judgment Secured in a Racial and Sex-Based Discrimination Employment Case

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

We obtained summary judgment in an employment litigation case involving claims of racial and sex-based discrimination. The plaintiff alleged that she experienced a hostile work environment based solely on her race. We were able to prove that there was no evidence to substantiate these claims.

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Unanimous Defense Verdict Secured in Fourth Amendment Civil Rights Trial

Public Entity & Civil Rights Litigation

We obtained a defense verdict in a Fourth Amendment civil rights trial before Judge Michael Baylson in the Eastern District of Pennsylvania. The plaintiff alleged that a public agency violated his Fourth Amendment rights by searching and seizing his personal property after his vehicle was impounded. The defense witnesses each testified that the vehicle was never searched by the public agency and that the public agency does not have a policy or custom of searching vehicles once they are impounded, which was an essential element of plaintiff’s constitutional violation claim.

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Appellate Reversal in the Third Circuit Obtained in Fourth Amendment Civil Rights Case

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

In a unanimous precedential opinion, the Third Circuit Court of Appeals agreed with our attorneys that a law enforcement officer’s attempted arrest of the plaintiff did not constitute an unlawful seizure under the Fourth Amendment. Our client was instructed by a neighboring police department to hold a burglary suspect who was subject to a search warrant, but not an arrest warrant. After the officer tried to detain the suspect, he fled, and a fight ensued.

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