Township, officers not liable for injuries to passenger of innocent vehicle in police pursuit when agency had adequate pursuit policy, officer received training in pursuit policy and agency lacked pattern of constitutional violations of vehicle pursuits.

The plaintiff, a passenger in a vehicle involved in a police pursuit, sued a township, its police officers and a supervisor, asserting claims under 42 U.S.C.S. § 1983 under the theories of Monell liability, failure to train and negligence under Pennsylvania law. The officers were pursuing an unlicensed, drunk driver when the drunk driver’s vehicle struck an innocent vehicle, causing severe injuries to its passenger. The court held that the plaintiff’s claims under 42 U.S.C.S. § 1983 failed as the township’s pursuit policy was adequate to alert officers to their duty not to engage in unreasonably dangerous pursuit; the township did not exhibit deliberate indifference in its efforts to train its officers when it provided adequate training to ensure its officers were familiar with the pursuit policy; and there lacked a pattern of constitutional violations during police pursuits involving the township’s police. The plaintiff’s state law claim failed under the Pennsylvania Political Subdivision Tort Claims Act because the pursuing officer’s actions were conducted in conformity with his duty to drive with regard for the safety of all persons; he did not exceed 35 miles per hour until the final moments.

Case Law Alerts, 4th Quarter 2013