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John P. Gonzales

Co-Chair, Public Entity & Civil Rights Litigation Practice Group

Portrait of John P. Gonzales

John is a shareholder in the Philadelphia office of Marshall Dennehey and serves as Co-Chair of the Public Entity & Civil Rights Litigation Practice Group. He practices in the areas of civil rights, municipal liability, school claims and employment law.

John has represented police officers and public officials in state and federal court in all aspects of civil rights litigation including claims involving use of force, wrongful arrest and land use. In addition, John has represented public and private employers in wrongful discharge, employment discrimination and defamation claims from administrative proceedings through trial. John has tried dozens of cases in state and federal courts and argued cases before the Third Circuit Court of Appeals.

In addition to his trial work, John has presented numerous seminars to police departments, law firms and government agencies in the areas of police practices, civil rights issues and municipal liability. He has consulted with police departments concerning the development of policies and procedures and provided advice and guidance to employers concerning employment-related matters.

John received his juris doctor from Temple University School of Law, where he was a member of the Moot Court Honor Society, and graduated from the University of Scranton with a Bachelor of Arts in history and philosophy and a Master of Arts in history. He is admitted to practice in Pennsylvania and the U.S. District Courts for the Eastern and Middle Districts of Pennsylvania and the Third Circuit Court of Appeals.

    • Temple University Beasley School of Law (J.D., 1993)
    • University of Scranton
      • B.A., 1989; M.A. 1989
    • Pennsylvania, 1994
    • U.S. District Court Eastern District of Pennsylvania, 1994
    • U.S. District Court Middle District of Pennsylvania, 2000
    • U.S. Court of Appeals 3rd Circuit, 2006
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America©, Employment Law – Management (2024-2026)
    • Pennsylvania Super Lawyers (2019-2020, 2023-2026)
    • Montgomery County Bar Association
    • Pennsylvania Bar Association
    • Workers' Compensation Winter Roundup, Graham Company webinar, December 15, 2020
    • Understanding the Debate with the ADA, FMLA and Workers’ Compensation, Marshall Dennehey webinar, October 27, 2020
    • Mitigating the Risk of Workplace Bullying, Marshall Dennehey Workers' Compensation Seminar, October 24, 2019
    • Local Government Immunity in Pennsylvania, Client Seminar, October 2018
    • Deal or No Deal - Improving Your Negotiating Strategy, Philadelphia Law Department, August 2018
    • Legal Updates for Law Enforcement, Pennsylvania Chiefs of Police Association's Centennial Training Education Conference, July 14, 2014
    • Managing a Maturing Workforce: The Legal Perspective, Delaware Valley Trust, June 2014
    • Social Media & Cyber Breaches: the Internet's Impact on Your Business, The Graham Company, co-presenter, May 2014
    • Navigating The Bermuda Triangle: The Intersection of Workers' Compensation, FMLA and ADA, Roadmap to Success - Understanding Workers' Compensation, Marshall Dennehey seminar, October 24, 2013
    • Hot Topics in Employment, Marshall Dennehey / AIG Seminar, Philadelphia, PA, October 10, 2013
    • Land Use Litigation and Liability Issues for Local Government, Delaware Founders Insurance Trust, September 2011
    • Land Use Civil Rights and Avoiding Liability video and webinar, Delaware Valley Insurance Trust, 2009
    • Police Liability Seminar, Delaware Valley Insurance Trust, November 2007
    • Law Enforcement Seminar - Use of Force Issues, Dauphin County, 2006
    • Train the Trainers Program, Municipal Police Officer Education and Training Commission, November 2005
    • Use of Force in Pennsylvania, Lorman Education Services, CLE, February 4, 2005
    • Use of Force in Pennsylvania, Lorman Education Services, CLE, February 6, 2004
    • Tort Claims Act, Delaware Valley Insurance Trust, March 2004
    • Civil Rights Liability, Delaware Valley Insurance Trust, March 2004
    • "Pennsylvania's Emergence Code: An Additional Level of Protection for Municipalities and Their Employees Performing Emergency Services," Defense Digest, Vol. 6, No. 2, April 2000
    • Co-author, "Sex-Based Shift Assignments: Employers May Use Common Sense," Defense Digest, Vol. 2, No. 7, 1996
    • Co-author, "Employment Discrimination Claims: Arbitration Under Collective Bargaining Clauses," Defense Digest, Vol. 2, No. 6, 1996
    • Co-author, "Third Circuit Takes Pennsylvania Beyond 402(A)," Defense Digest, Winter, 1994
    • Defense verdict for local police department in case involving false arrest and malicious prosecution arising out of the misidentification of a suspect in a police lineup.
    • Defense verdict for county employer in case involving Title VII Sex Discrimination in the termination of a county court reporter.
    • Defense verdict for county employer in case involving allegations of sexual harassment and hostile work environment at a county prison.
    • Defense verdict for local police department in case involving allegations of false arrest and excessive force arising out of the arrest of a suspect who allegedly assaulted a police officer during a traffic incident.
    • Successful defense of a local police department in the district court and then on appeal to the Third Circuit in case involving allegations of excessive force in the death of a suspect who was alleged to have died while in custody from compression asphyxia.
    • Successful defense of a local municipality in the district court and then on appeal to the Third Circuit in case involving a land use civil rights claim that a developer's substantive due process rights were violated in the context of zoning and land use decisions by a Board of Supervisors.
    • Defense verdict for county employer in case involving claims of first amendment retaliation by a former deputy chief probation officer.
    • Defense verdict for local police officers accused of wrongfully arresting a husband in a domestic dispute.
    • Defense verdict for township detective accused of racial discrimination and conspiracy by an African American police officer in a failure to hire case.

Results

Dismissal of Police Officers Secured Via Sanctions Imposed

We had our clients dismissed via sanctions imposed. On Jan. 6, 2011, Charles Sample was arrested by officers of the Philadelphia Police Department’s Narcotics Field Unit. The plaintiff alleged the officers seized $40,000 in cash from his vehicle, falsified a search warrant affidavit, disregarded proper procedures and withheld exculpatory evidence, leading to drug charges. The plaintiff entered a guilty plea for probation to avoid a lengthy prison sentence. On Jan. 6, 2017, the court granted the plaintiff’s motion for a new trial based on after-discovered evidence, and the charges were nolle prossed. The plaintiff filed his initial complaint on Jan. 4, 2019, alleging federal civil rights violations under 42 U.S.C. § 1983 and state law claims. Due to related litigation involving the Narcotics Field Unit, the case was placed in suspense on March 10, 2020, and restored to the active docket on Nov. 15, 2023. On April 4, 2024, the plaintiff filed an amended complaint, asserting six causes of action: § 1983 claims for fabrication of evidence, suppression of evidence, malicious prosecution, civil rights conspiracy, municipal liability (against the City of Philadelphia), and state law claims for false arrest, false imprisonment, malicious prosecution and conversion. On Aug. 5, 2025, Judge Gerald J. Pappert of the U.S. District Court for the Eastern District of Pennsylvania dismissed the plaintiff’s claims against the individual police officer defendants under FRCP Rule 37(b) for failure to comply with discovery orders, with prejudice. Applying the Poulis factors, the court found the plaintiff personally responsible for nearly two years of non-communication with his counsel, which prejudiced the police officers by delaying trial preparation and demonstrated a history of dilatoriness without reasonable excuse. Lesser sanctions were deemed ineffective due to the plaintiff’s prolonged unresponsiveness, and the merits of his claims could not be evaluated, rendering this factor neutral. The City’s motion to join the police officers’ sanctions motion was denied, as they did not move to compel discovery or demonstrate the plaintiff’s violation of a related court order. 

Summary Judgment Granted in First Amendment Retaliation Claim Case

We were granted summary judgment in the dismissal of a First Amendment retaliation claim. The case was brought against our client, the borough manager, as well as the borough and several other of its employees. The plaintiff worked as a trash man in the Streets Department. With regard to the borough manager, the plaintiff alleged First Amendment retaliation under 42 U.S.C. § 1983, claiming a hostile work environment due to racial slurs and discriminatory behavior by coworkers and supervisors. He alleged that he reported these issues to his supervisor and the borough manager, but he felt ignored or silenced. After publicly addressing the alleged racism at a February 2024 Town Council meeting, the plaintiff was terminated a week later following a council vote. The plaintiff filed an EEOC charge and this lawsuit, alleging his termination was retaliatory and discriminatory. We were successful in having the retaliation claims against the borough manager dismissed via summary judgement, but the co-defendants remain active.

Firm Highlights

Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.