Summary
This memorandum addresses a defendant's motion for summary judgment in a civil rights action alleging excessive force by a Pennsylvania State Trooper following a high-speed vehicle pursuit. The court finds that while several counts are properly dismissed based on plaintiff concessions or lack of constitutional violation, a genuine dispute of material fact exists regarding whether the trooper struck the unconscious plaintiff in the head. Consequently, the court grants summary judgment in part and denies it in part, allowing the Fourth Amendment excessive force claim against the named trooper to proceed to trial.
Topics
Practice areas
Questions Presented
- Whether genuine dispute of material fact exists as to whether Trooper Frey struck Plaintiff, precluding summary judgment on the Fourth Amendment excessive‑force claim.
- Whether Trooper Frey is entitled to qualified immunity for the alleged use of force.
Holdings
- Summary judgment is denied because the video evidence is inconclusive and deposition testimony is conflicting, creating a genuine dispute of material fact.
- Summary judgment is granted on the Fourteenth Amendment claim and on Counts II‑IV because no genuine dispute exists and the claims are untenable.
Key quotations
“Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a).”
Factual background
During a high‑speed police pursuit on February 6, 2022, Trooper Frey used a PIT maneuver that caused Plaintiff's vehicle to crash into a median. Plaintiff was unconscious. The dispute centers on whether Trooper Frey struck Plaintiff in the head four or five times after the crash.
Procedural history
Plaintiff filed a complaint on November 2, 2023 alleging four §1983 claims of excessive force. Defendants moved to dismiss, which was denied. The parties stipulated to dismiss claims against two defendants. Defendants filed a motion for summary judgment on November 18, 2024; plaintiff responded; the court issued this memorandum on February 10, 2025 granting summary judgment on Counts II‑IV and on the Fourteenth Amendment claim, and denying summary judgment on the Fourth Amendment claim against Trooper Frey.