Pittsburgh does not have to pay judgment for off-duty officer in assault, court rules

A Pennsylvania appellate court said that the city of Pittsburgh does not have to pay a $75,000 federal jury award to a man who had his nose broken by an off-duty Pittsburgh police officer more than eight years ago.

Shane McGuire, who at the time was 16, had been smashing pumpkins and ringing doorbells with his friends in Sgt. Colby Neidig’s New Homestead neighborhood in 2012, when the officer chased him down, subdued him, and ultimately broke his nose.

McGuire sued the officer in federal court, alleging civil rights claims, including excessive force, assault and battery.

During trial in 2017, Neidig testified that he did not have his badge or gun on him at the time, and that he was protecting his family from what he thought might have been an attempted home invasion.

However, the jury ruled in favor of McGuire and found that Neidig had acted under color of state law. It awarded McGuire $75,000 in damages.

Shortly thereafter, Neidig sought indemnification from the city, citing a Pennsylvania statute that governs the process for municipal employees. He also assigned his right to indemnification to McGuire, who, in exchange, agreed not to pursue a judgment against the officer personally, which is common in cases like this one.

However, attorneys for the city argued that Neidig was acting as a private citizen when he chased McGuire down and hurt him. Therefore, they said, the city should not have to pay.

That issue went to a jury trial in Allegheny County Common Pleas Court in August 2019, and a jury ruled in favor of the city.

McGuire, then, appealed the Common Pleas jury verdict.

The Commonwealth Court, in a 37-page opinion issued Wednesday agreed with the lower court, finding that the jury “properly determined that Neidig acted beyond the scope of his employment.”

Under the Tort Claims Act, Judge Anne E. Covey wrote, “a municipality need only indemnify an employee if that employee was acting within the scope of his office or duties at the time the employee caused the injury.”