Civil Rights Lawyers in Delaware County: Police Misconduct and Municipal Liability
Unlawful search and seizure, false arrest, excessive force and retaliation claims against public officials.
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A federal civil rights claim under 42 U.S.C. section 1983 must generally be filed within two years in Pennsylvania. That clock runs from the incident itself, not from the day an internal affairs investigation finishes, and waiting for the borough to finish looking into it is how people lose otherwise strong cases.
The two year deadline, and where people lose it
Section 1983 has no limitation period of its own, so federal courts borrow Pennsylvania’s personal injury deadline of two years. The clock starts at the incident.
The trap is procedural patience. People file a complaint with the department, wait for the internal investigation, wait for the borough council to respond, and discover that none of it paused anything. An internal process is not a legal filing and does not extend the deadline.
What a section 1983 claim actually requires
Two things have to be true at once. Someone acting under color of state law, meaning a police officer, a township official, a public employer, has to have deprived you of a right protected by the Constitution or federal law.
That second half matters. Rude, unfair and unprofessional are not constitutional violations. An unlawful stop, a search without a warrant or probable cause, an arrest without cause, force beyond what the situation required, or punishment for speaking out, those are.
Suing the officer and suing the municipality are different cases
| What you must show | The usual obstacle | |
|---|---|---|
| The individual officer | That the conduct violated a constitutional right | Qualified immunity. The right has to have been clearly established at the time, which is decided on the specific facts, not the general principle |
| The municipality | That an official policy, custom or failure to train caused the violation | A borough is not automatically liable for what its officer did. There is no respondeat superior under section 1983 |
This is why the same incident can produce a claim that survives against a township and fails against the officer, or the reverse. They are assessed separately.
Retaliation for speaking out
Public officials, elected members and employees who criticise how a department is run sometimes find themselves stopped, investigated or dismissed shortly afterwards. Where protected speech is a substantial factor in what followed, that is a First Amendment retaliation claim, and it stands on its own even if the underlying stop was lawful.
Where these cases are heard
Civil rights claims arising in Delaware County are filed in the United States District Court for the Eastern District of Pennsylvania, which sits in Philadelphia rather than at the county courthouse in Media. That changes the timetable, the procedural rules and the cost of the case, and it is worth understanding before you start.
Our office is in Media, a short walk from the Delaware County courthouse on West Front Street, and we act for people in Chester, Brookhaven, Ridley, Upper Darby and the surrounding boroughs.
The attorneys who handle these cases
Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.
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Kenneth R. Schuster
Founding Member
Read Kenneth’s background -
Justin M. Bernstein
Associate
Read Justin’s background -
Christopher D. Gasda
Associate
Read Christopher’s background -
Anthony S. Pinnie
Of Counsel
Read Anthony’s background -
Joseph J. Jachetti
Associate
Read Joseph’s background -
Andrew Valentin
Associate
Read Andrew’s background
Questions people ask us about this
How long do I have to bring a civil rights claim in Pennsylvania?
Generally two years from the incident. Section 1983 borrows Pennsylvania's personal injury limitation period. An internal affairs complaint or a borough investigation does not pause that clock.
Can I sue the township as well as the officer?
Sometimes, but not automatically. A municipality is liable under section 1983 only where an official policy, a custom or a failure to train caused the violation. It is not responsible for an officer's conduct simply because it employed him.
What is qualified immunity?
A defense available to individual officials. It protects them unless the right they violated was clearly established at the time, judged on the specific facts rather than the general principle. It is the most common reason a claim against an individual officer fails early.
Where would my case be heard?
Federal civil rights claims from Delaware County are filed in the Eastern District of Pennsylvania, which sits in Philadelphia, not at the county courthouse in Media.
Both Delaware County offices
Walk in, or call. Both are answered 24 hours.
Media Head office
334 W Front StMedia, PA 19063
Open 24 hours
4.7 from 135 Google reviews
Serving central, north and west Delaware County.
Chester Satellite
405 Avenue of the StatesChester, PA 19013
Open 24 hours
5.0 from 5 Google reviews
Serving south and riverfront Delaware County.
Tell us what happened
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