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Pittsburgh Pittsburgh, Pennsylvania. (Photo: ESB Professional/shutterstock)

A state appeals court has decided a man who was beaten by an off-duty police officer cannot recover a $235,575 judgment against the officer from the city of Pittsburgh under a statutory indemnification provision because the officer was not acting within the scope of his employment duties when he assaulted the man.

The Commonwealth Court of Pennsylvania decision hinged on an issue of first impression in the state courts: whether a finding that a local employee was acting under color of state law when an employee-incident happened means that a locality must indemnify the employee under Pennsylvania’s Political Subdivision Tort Claims Act, which says a local agency must indemnify an employee for a personal or property injury judgment that ties to the employee’s actions undertaken within the scope of their employment duties.

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Jason Grant

Jason Grant is a staff writer covering legal stories and cases for the New York Law Journal, the National Law Journal and Law.com, and a former practicing attorney. He's written and reported previously for the New York Times, the Star-Ledger, the L.A. Times and other publications. Contact him at [email protected] On Twitter, pls find him @JasonBarrGrant

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