Defense Digest

On the Pulse ... Profile of Civil Rights & Municipal Liability Practice Group

The Civil Rights and Municipal Liability Practice Group at Marshall, Dennehey, Warner, Coleman & Goggin has developed a great deal over the last 20 years and has been at the forefront in many major cases involving defense of counties, townships, boroughs, cities, school districts, municipal authorities, and other public entities in all areas of litigation. These include federal civil rights cases, cases brought under local torts claims statutes, employment discrimination claims, cell tower litigation, zoning litigation, and the variety of claims that can be brought against school districts in federal, state, and administrative agencies.

Our representation of our clients has led to our being at the vanguard in cases dealing with the qualified immunity that police officers, elected officials, and other governmental employees are entitled to in cases involving federal Constitutional claims. In cases involving claims against municipalities themselves, we have been successful in countless motions by raising and arguing issues regarding the burden that a plaintiff must meet to prove a Constitutional claim against a local agency, which requires evidence of a custom, policy, or practice. We have tried to defense verdict many cases arising out of allegations of excessive force, which have included claims involving police shootings, positional affixation, O.C. spray, handcuffing injuries, and use of police dogs. In addition to the police cases, we are counsel for a number of county prisons and have defended numerous Eighth Amendment claims regarding allegations of lack of proper medical care and jail suicides. We have represented municipalities in defending flooding and drainage claims, an area of the law that certainly appears to be on the increase. Our representation of municipalities and their elected officials in matters involving zoning issues has resulted in a recent decision by an appellate court that has made it much more difficult for plaintiffs to successfully assert a due process claim.

Of course, the strength of our firm lies in the regional representation we can provide to insureds and self-insureds. We have offices that can handle civil rights and municipal liability cases in federal, state, and administrative agencies throughout Pennsylvania, New Jersey, Delaware, West Virginia, Ohio, and Florida. We have experienced attorneys in each of these offices to handle such matters. These attorneys have the requisite knowledge to provide skilled and effective representation to our clients who face litigation. Beyond the representation, we also work closely with many municipalities and police departments providing seminars, training, and advice in order to help them avoid claims. We provide seminars each year for police departments dealing with hot topics that have come up and trends we see in cases we are defending. Many of these issues involve federal law, but often they are state specific. For example, liability issues arising out of police pursuits which, while virtually precluded by federal law, can vary greatly on a state-to-state basis.

We, in the Civil Rights and Municipal Liability Practice Group, handle every case with a practical, result-oriented approach, which balances strong representation of our clients with realistic cost containment. In the area of civil rights and municipal liability, we have developed a strong reputation with both the plaintiff's bar and the judiciary as being ready and able to try cases to verdict. Our practice group tries many cases to verdict, and our attorneys are recognized as some of the most experienced trial attorneys in the firm. I sincerely believe that this reputation of trying cases has led to our ability to negotiate favorable settlements in those cases where it has been decided that a settlement is necessary. Where we have decided with our clients that settlement is necessary, we have worked to develop innovative alternative approaches to trial through ADR Mediation, Summary Trials, etc., which have led to significant savings to our clients without sacrificing quality representation.

If you require information on the firm's Civil Rights and Municipal Liability Practice Group, please contact Joseph Santarone, Chair of the firm's Civil Rights and Municipal Liability Practice Group, at (610) 354-8282 or jsantarone@mdwcg.com.

*Joe is a shareholder in our King of Prussia, PA office. He can be reached at (610) 354-8282 or jsantarone@mdwcg.com.