Attorney Profiles

Joseph J. Santarone Jr. 
King of Prussia, Pennsylvania
Shareholder; Chair, Public Entity & Civil Rights Practice Group
phone(610) 354-8282
fax(610) 354-8299
emailjjsantarone@mdwcg.com

Joe serves as the Chair of the Public Entity and Civil Rights Practice Group. In this capacity, he is responsible for the activities of some 12 attorneys firm-wide. For many years the focus of Joe's practice has been in the defense of police officers, municipalities, school districts, public officials, and both private and public sector employers. He has tried in excess of 75 jury trials to verdict in federal court in the areas of civil rights and employment litigation.

In 1976 Joe graduated from LaSalle University and began work as a Probation Officer for the City of Philadelphia. While working full time, Joe attended the Delaware Law School of Widener University where he graduated with honors in 1985. He has been with Marshall, Dennehey, Warner, Coleman & Goggin his entire legal career.
 
Significant Representative Matters

  • Defense verdict in an discrimination case before the U.S. District Court of Eastern District of Pennsylvania. The plaintiff's termination from employment was, in part, based on the statements of women in the shelter where plaintiff worked whose identities could not be disclosed and did not testify.  We argued that the decision makers' state of mind was what was relevant and that the statements of the women in the shelter were not hearsay since they were not offered for the truth of the matter asserted.  The plaintiff appealed. and the case  was affirmed by the 3rd Circuit.

  • Obtained a defense verdict for Montgomery County and the District Attorney. A Montgomery County detective sued the District Attorney following his termination for poor job performance.  The initial granting of Summary Judgment by the Eastern District of Federal Court was reversed by the 3rd Circuit and remanded for trial.  The court found the reasons for the termination were not a pretext for unlawful discrimination.

  • Successfully defended three different civil rights suits where police officers shot suspects in the back, where it was learned the suspects were unarmed.

  • Defense verdict in jail suicide case where the entire suicide was caught on video tape and played before the jury.

  • Successfully defended school district in IDEA case for alleged failure to provide special education for female high school student.

  • Defense verdict for County in wrongful termination and defamation case where health department employee was discharged, E. coli outbreak and Commissioner identified her in pubic newscasts.

  • Defense verdict for a County brought by employee claiming his termination was based on race.

  • Defense verdict for private employer where plaintiff alleged age and sex discrimination.

  • Defense verdict for numerous police officers involved in arrest of a minister who suffered a heart attack after alleged excessive force. The plaintiff turned down a significant offer to settle before the lengthy trial resulted in complete exoneration for the officers.

  • Successfully defended and argued in the 3rd Circuit, which affirmed in favor of the officers, in significant case where criminal defendant, with no prior record, spend 11 months in jail on charges of killing his parents before the charges where dropped. Case is often cited on issues of probable cause.

  • Grant of Summary Judgment, which was affirmed by 3rd Circuit, in case where a teacher was arrested for stealing supplies but later cleared. The 3rd Circuit opinion is cited by many courts regarding the issues of reliance by police on eye witnesses for issues of establishing probable cause.
Year Joined Organization:
1987
Areas of Practice:
Civil Rights
Municipal Liability
Schools
Employment
Bar Admissions:
Pennsylvania, 1986
New Jersey, 1986
U.S. District Court Eastern District of Pennsylvania
U.S. District Court Middle District of Pennsylvania
U.S. District Court Western District of Pennsylvania
U.S. Court of Appeals 3rd Circuit
Education:
Widener University School of Law, Wilmington, Delaware, 1985
J.D.
Honors: Cum Laude


La Salle University, 1976
B.A.


Published Works:
Employment Discrimination Claims: Arbitration Under Collective Bargaining Clauses (Co-Author), Defense Digest, Vol. 2, No. 6, 1996


Sex-Based Shift Assignments: Employers May Use Common Sense (Co-Author), Defense Digest, Vol. 2, No. 7, 1996


Superior Court Cuts Award in Sexual Harassment Case, Defense Digest, Vol. 3, No. 3, 1997


Third Circuit Decision Will Cut Down ADA Claims, Defense Digest, Vol. 3, No. 6, 1997


If 3rd Circuit Decision Stands, Fewer ADA Claims Can Be Filed, The Legal Intelligencer, December 3, 1997


Third Circuit's Limitation On ADA 'Regarded As' Claims Is Short Lived, Defense Digest, Vol. 4, No. 4, 1998


Student-On-Student Sexual Harassment: The Next Liability Minefield For School Districts, Defense Digest, Oct. Vol. 5, No. 5, 1999


Direct Evidence Not Required in Age Discrimination Cases, Defense Digest, Vol., 6, No. 5, 2000


Township Not Primarily Liable for Settlement of Personal Injury Case Involving Township Employee, Defense Digest, Vol. 7, No. 1, 2001


Supervisory Rule Concerning Motions Based On Qualified Immunity Imposed, Lawyers Journal, 2003-09-05


Third Circuit Rules Plaintiff Failed To Follow Pennsylvania Procedure For Petitioning Grand Jury Files, Defense Digest, Vol. 9, No. 4, 2003


Third Circuit Imposes Supervisory Rule Concerning Motions Base On Qualified Immunity, Defense Digest, Vol. 9, No. 2, 2003


Classes/Seminars Taught:
Numerous Seminars in Employment Law, Civil Rights and Municipal Liability Issues


Honors and Awards:
AV Peer Review Rating by LexisNexis Martindale-Hubbell


Professional Associations and Memberships:
American Board of Trial Advocates (ABOTA)


Defense Research Institute


Montgomery County Bar Association


New Jersey Bar Association


Pennsylvania Bar Association


Pennsylvania Bar Institute


Philadelphia Bar Association


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