McGuire v. City of Pittsburgh (majority)Annotate this Case
In late 2012, 16-year-old Shane McGuire and a group of his friends smashed pumpkins and stacked bricks on the doorstep of a home in McGuire’s neighborhood. The teens were still on the property when the homeowner, City of Pittsburgh Police Officer Colby Neidig, arrived home with his wife and children. McGuire watched the family’s reaction to the vandalism and then banged on the front door and ran away, accidentally tripping over his own brick boobytrap in the process. Neidig saw McGuire running, and gave chase, catching McGuire, knocking him to the ground and punching McGuire in the face. Neidig was not wearing his police uniform at the time, nor did he identify himself as a police officer. Neidig called 911 and restrained McGuire until Officer David Blatt, an on-duty City of Pittsburgh police officer, arrived. Two years later, McGuire filed a federal lawsuit against Neidig, Blatt, and the City of Pittsburgh, asserting excessive use of force in violation of 42 U.S.C. § 19833 and state law assault and battery claims. Ultimately, the jury returned a verdict in McGuire’s favor, finding that Neidig used unreasonable force against McGuire while acting under color of state law under Section 1983, and that Neidig was liable for McGuire’s assault and battery claims as well. The issue this case presented for the Pennsylvania Supreme Court's review involved whether the City of Pittsburgh had a statutory duty to indemnify one of its police officers for the judgment entered against him in a federal civil rights lawsuit. The Supreme Court rejected the argument that a federal jury’s finding that a police officer acted “under color of state law” for purposes of Section 19831 necessarily constituted a “judicial determination” that he also acted within the “scope of his office or duties” for purposes of the Political Subdivision Tort Claims Act. Thus, the judgment was affirmed.