Elliott Greenleaf WINS DISMISSAL OF FEDERAL CIVIL RIGHTS CLAIMS AGAINST TOWNSHIP OFFICIAL AND POLICE CHIEF

Elliott Greenleaf successfully moved to dismiss several federal civil rights claims in the United States District Court for the Middle District of Pennsylvania against Jackson Township’s supervisor and Police Chief. Federal Judge Kim R. Gibson of the United States District Court for the Western District of Pennsylvania granted Elliott Greenleaf’ motion to dismiss, concluding his 42-page opinion by refusing to allow Plaintiff to amend his Amended Complaint because “no Amended Complaint can overcome these legal bars to recovery and the Court does not need to offer [Plaintiff] the opportunity to amend his Amended Complaint sua sponte.”

The case will now proceed on a single claim that the Police Chief allegedly violated Plaintiff’s civil rights by using excessive force when he arrested him. Since the Plaintiff pleaded “no contest” to the criminal charge of disorderly conduct arising from the same incident, Judge Gibson prohibited Plaintiff from using a purported civil rights claim to attack collaterally the criminal acts “to which he essentially pleaded guilty.”

Elliott Greenleaf’ Thomas J. Elliott and Melissa Murphy Weber represented Jackson Township’s Supervisor and Police Chief in this civil rights case.