TTH Attorney Sarah Cobbs Wins Dismissal of Action Against Washington County Alleging Violation of Constitutional Rights

TTH Attorney Sarah Cobbs recently won the dismissal of an action filed in Washington County, Pennsylvania, claiming violation of the Plaintiff’s constitutional rights.  The Plaintiff claimed that the County was vicariously liable for the actions of a Common Pleas Judge who, according to the Plaintiff, followed County policy, leading to the violation of Plaintiff’s 4^th Amendment rights.

Filing Preliminary Objections to the Complaint, Sarah successfully argued that claim was barred by the applicable statute of limitations.  Though the statute of limitations is ordinarily an affirmative defense properly raised via New Matter, Sarah convinced the Court that the defense was clear from the face of the Complaint and thus appropriately raised through Preliminary Objections.  Sarah further successfully argued that Plaintiff failed to state a claim for vicarious liability against the County, as the Judge was not an employee of the County, such that the County could not be liable for the Judge’s actions.  Agreeing with Sarah’s arguments, the Court sustained her Preliminary Objections and dismissed Plaintiff’s claim against the County.

Questions about this case can be directed to Sarah Cobbs at (412) 926-1447 or scobbs@tthlaw.com.