Elliott Greenleaf WINS SUMMARY JUDGMENT FOR BOROUGH AND ITS POLICE CHIEF

Elliott Greenleaf won summary judgment for the Borough of Hughestown and its police chief on August 9, 2007 when the United States District Court for the Middle District of Pennsylvania granted the firm's Motion for Summary Judgment, finding that Elliott Greenleaf had established that the Plaintiff suffered no constitutional violation. Golya v. Borough of Hughestown, (M.D. Pa 2007).

In this constitutional tort case, theft charges were dismissed by a state District Justice who found a lack of a prima facie case against the Plaintiff, who then filed a Federal Civil Rights Action against the Borough and its police chief for allegedly reporting the theft charges without probable cause. Elliott Greenleaf successfully argued that the Plaintiff was not "seized", which is an element of a Fourth Amendment malicious prosecution claim. Specifically, while the Plaintiff had to appear at pre-trial criminal proceedings, he was not required to post bond, he was not formally arrested, and he was not placed on "onerous" travel restrictions. The District Court found Elliott Greenleaf's argument persuasive, entered summary judgment against the Plaintiff, and dismissed the claims against Elliott Greenleaf's clients.

John G. Dean and Joel M. Wolff of the firm's Scranton office represented the Borough and its police chief.

Philadelphia/Blue Bell
Elliott Greenleaf
& Siedzikowski, P.C.
925 Harvest Drive
P.O. Box 3010
Blue Bell, PA 19422
Phone: (215) 977-1000
Fax: (215) 977-1099
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Philadelphia
Elliott Greenleaf
Two Liberty Place
50 S. 16th Street
Suite 2960
Philadelphia, PA 19102
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Harrisburg
Elliott Greenleaf & Balaban
Governors' Row
27 North Front Street
Harrisburg, PA 17101
Phone: (717) 234-3282
Fax: (717) 233-4264
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Scranton
Elliott Greenleaf & Dean
PNC Bank Adm. Building
201 Penn Avenue, Suite 202
Scranton , PA 18503
Phone: (570) 346-7569
Fax: (570) 969-2890
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Wilmington
Elliott Greenleaf
1105 Market Street, Suite 1700
Wilmington, DE 19801
Phone: (302) 384-9400
Fax: (302) 384-9399
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Elliott Greenleaf & Dean
39 Public Square, Suite 1000
Wilkes-Barre, PA 18702
Phone: (570) 371-5290
Fax: (570) 371-5550
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