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Case Law Alerts

Does a Municipality Have Statutory Duty to Indemnify Its Police Officer for Judgment Entered Against Him in Federal Civil Rights Lawsuit?

McGuire on behalf of Neidig v. City of Pittsburgh, 285 A.3d 887 (Pa. 2022)

October 1, 2024

by Jordan L. Mazzoni

In late 2012, 16-year-old Shane McGuire and friends smashed pumpkins and stacked bricks on the doorstep of the home of City of Pittsburgh Police Officer Colby Neidig. Once Neidig and his family arrived home, McGuire watched the family’s reaction to the vandalism and then banged on the front door and ran away, accidentally tripping over his own brick booby trap in the process. Neidig heard the ruckus and gave chase. Neidig caught McGuire, knocked him to the ground and punched him in the face. Neidig was not wearing his police uniform, nor did he identify himself as a police officer. Neidig called 911 and restrained McGuire until Officer David Blatt, an on-duty City of Pittsburg police officer, arrived. 

McGuire filed a federal lawsuit against Neidig, Blatt and the City of Pittsburgh, asserting excessive use of force in violation of 42 U.S.C. § 1983 and claiming Neidig was liable for McGuire’s assault and battery claims. Blatt and the City were dismissed at the summary judgment stage, and the claims against Neidig proceeded to a jury trial. 

The jury returned a verdict for McGuire for all three claims, and the court awarded him damages for said claims in the amount of $235,575. Neidig assigned McGuire his right to sue the City for indemnification under the PSTCA. 

McGuire then sued the City, seeking a declaratory judgment that the City was statutorily obligated to indemnify Neidig under Subsection 8548(a) of the PSTCA, which went to a jury trial. The jury concluded Neidig was not acting within the scope of his duties when he assaulted McGuire, meaning the City was not required to indemnify Neidig under the PSTCA.

McGuire appealed that decision to the Commonwealth Court, which affirmed. McGuire then petitioned for allowance of appeal, arguing that a federal jury’s finding that a police officer acted “under color of state law” for purposes of Section 1983 constitutes and is synonymous with a “judicial determination” that the officer acted within the “scope of his office or duties” under the PSTCA. The Supreme Court of Pennsylvania analyzed that a police officer may sometimes act both “under the color of state law” and beyond the scope of his or her employment. 

The Supreme Court of Pennsylvania ultimately held that the Restatement (Second) of Agency section setting forth the “scope of employment” test would be adopted to determine if a public employee’s conduct falls within “scope of office or duties” under indemnity provisions of the PSTCA. Further, a determination that an officer acted “under color of state law” for purposes of § 1983 does not establish that he acted “within the scope of his office or employment” for purposes of the PSTCA. 

 

Case Law Alerts, 4th Quarter, October 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.

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On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.

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Thought Leadership

SIU Gets a Boost: NJ Supreme Court Affirms Insurers' Right to Litigate, Not Arbitrate, Fraud Claims

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Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

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