TT&H Attorneys Rebecca Sember Izsak and G. Richard Murphy Win Appeal Before the Third Circuit Court of Appeals

Rebecca Sember Izsak and G. Richard Murphy recently won an appeal filed with the Third Circuit Court of Appeals.  In a case of malicious prosecution against one of their clients, Rick won a dismissal at the trial court level, convincing the District Court that Plaintiff failed to make a prima facie showing that there was a lack of probable cause for his arrest.  Agreeing with Rick, the Federal District Court Judge held that there was probable cause for the arrest and dismissed the Complaint.

Plaintiff appealed to the Third Circuit and Rebecca handled the appellate proceedings.  Rebecca deftly addressed the claims of error made by Plaintiff, including his claims that he was innocent.  The Third Circuit Court of Appeals agreed that an independent identification made from a third party, not affiliated with Rebecca and Rick’s client, was sufficient probable cause for the arrest, regardless of any information provided by Rebecca and Rick’s client.  This probable cause, even in spite of Plaintiff’s professed innocence, was sufficient for the arrest and required the dismissal of the Complaint.

Questions about this case can be directed to Rebecca Sember-Izsak at (412) 926-1446 or rsember@tthlaw.com, or to Rick Murphy at (412) 926-1443 or rmurphy@tthlaw.com.