Ruling on an issue of first impression, Pennsylvania’s high court has decided that an employee acting under “color of state law” for purposes of a federal civil rights lawsuit is not the equivalent of an employee acting within the “scope of employment” under a key state statutory indemnification provision.
In practical effect, the ruling in McGuire v. Pittsburgh means that Shane McGuire, who was allegedly beaten by off-duty police officer Colby Neidig in 2012, can’t use the statutory indemnification provision to recover from Pittsburgh a $235,575 judgment he won against the officer, because the officer, according to the high court, wasn’t acting within the scope of his employment duties when he assaulted McGuire.
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