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JUDGMENT FOR THE DEFENSE - GIULIANI V. SPRINGFIELD TOWNSHIP

Summary Judgment/ Civil Rights/ Land Use and Zoning

On February 27, 2017, the U.S. District Court for the Eastern District of PA entered summary judgment in favor of Springfield Township (Montgomery County), its Board of Commissioners and numerous elected and appointed officials in a civil rights action brought by industrial property owners for alleged violation of their constitutional rights to due process and equal protection regarding their use of the property, including the leasing of it to multiple tenants without first applying for and securing land development approval from the Township.

Hank Mahoney represented the municipal Defendants in this six year litigation which necessitated the taking of 25 depositions and the exchange of tens of thousands of documents. The Court granted the Defendants’ motion for summary judgment, finding no violation of procedural due process; that the Rooker-Feldman doctrine barred a portion of the substantive due process claim and the balance of the due process claim did not meet the stringent “shocks the conscience” standard applied in land use and zoning cases. The Court also found there was no violation of Plaintiffs’ equal protection rights on a “class of one” theory. Finally, the Court dismissed Plaintiffs’ state law tort claim for intentional interference with contractual relations, finding that Plaintiffs could not establish that the municipal Defendants’ actions in requiring compliance with pertinent ordinances amounted to that tort.

The presiding Judge was the Honorable Thomas N. O’Neill, Jr., S.J. The Court’s Order and 58 page Memorandum may be accessed by clicking on the following pdf attachments:  

Order       

Memorandum

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JUDGMENT FOR THE DEFENSE – RODRIGUEZ V. COUNTY OF BERKS

Summary Judgment/ Civil Rights/ Medical Treatment of Prisoners

On March 9, 2017, the Honorable Edward G. Smith of the United States District Court for the Eastern District of Pennsylvania entered summary judgment for Berks County, the Warden , a Lieutenant and a Corrections Officer at the Berks County Jail in a civil rights action by a former inmate for an alleged violation of his Eighth Amendment right to be free from cruel and unusual punishment after his appendix ruptured while he was incarcerated.  In addition to suing the County, Plaintiff sued the contracted private healthcare provider and eight medical employees.

Drew Adair represented the County Defendants in the litigation.  The Plaintiff alleged that the individual County Defendants were deliberately indifferent to his serious medical needs by ignoring his pleas to be taken to a hospital and by failing to recognize that he was not receiving appropriate medical treatment.  He also alleged the County’s policies and procedures, including a lack of supervision and training, caused the civil rights violation.  On the eve of trial the Court granted the County Defendants’ motion for summary judgment. The Court concluded the individual County Defendants were not subjectively aware of the Plaintiff’s medical condition and deliberately indifferent.  Additionally, the Court found that the County’s policies and procedures did not cause a civil rights violation because the record showed that each time the Plaintiff requested medical attention, a corrections officer contacted a medical provider. 

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