Elliott Greenleaf recently won a significant victory in the United States District Court for the Western District of Pennsylvania representing Robert Fatula, Police Chief of Jackson Township, Cambria County, Pa. On February 27, 2009, Judge Kim Gibson granted the Defendant’s Motion for Summary Judgment “in its entirety”, and ruled that the Chief’s actions in subduing and arresting Plaintiff did not violate any of Plaintiff’s rights.
The Court found that “Chief Fatula was not required to use the least restrictive means to effectuate the arrest when there was a risk in safety to himself and others” and held that he was entitled to “qualified immunity.” The Court’s constitutional analysis relied heavily upon the detailed medical and factual record created during discovery by Elliott Greenleaf.
Finding that Chief Fatula was entitled to qualified immunity, the Court also dismissed Plaintiff’s claim for punitive damages. Judge Gibson had earlier granted a Motion dismissing five other counts leaving only the excessive force claim, which was then dismissed through the entry summary judgment. Thomas J. Elliott and Melissa Murphy Weber represented the Defendan