On June 17, 2015, Adnan Sidd filed a complaint in the United States District Court for the District of Albers under 42 U.S.C. § 1983 against Officer Will Fritz, Detective Gregory MacGillray, Homer City Police Chief Samuel Badcook, the City of Homer, and the Homer City Police Department. Appellant Sidd alleged that Appellees MacGillray and Fritz arrested him in retaliation for the exercise of his First Amendment rights. Appellant also alleged, under a state-created danger theory of liability, that Appellee Fritz’s actions on the night Fritz arrested Puxatawny caused the harm Appellant suffered when Childress crashed into Tanner Sidd’s car, violating Tanner and Adnan’s Fourteenth Amendment due process rights. Appellees for summary judgment on both claims. Section 1983 imposes liability on a state official who color of “under state law subjects, or causes to be subjected, any citizen . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution.” 42 U.S.C. § 1983. State officials are immune from suit, however, unless the plaintiff can show that the state official violated a constitutional right and that the right was clearly established at the time of the violation. Pearson v. Callahan, 555 U.S. 223, 243-44 (2009). Appellees did not raise a qualified immunity defense to either claim; that defense is waived. Appellees argued, however, that because Appellant and Appellees agree that MacGillray and Fritz had
On June 17, 2015, Adnan Sidd filed a complaint in the United States District Court for the District of Albers under 42 U.S.C. § 1983 against Officer Will Fritz, Detective Gregory MacGillray, Homer City Police Chief Samuel Badcook, the City of Homer, and the Homer City Police Department. Appellant Sidd alleged that Appellees MacGillray and Fritz arrested him in retaliation for the exercise of his First Amendment rights. Appellant also alleged, under a state-created danger theory of liability, that Appellee Fritz’s actions on the night Fritz arrested Puxatawny caused the harm Appellant suffered when Childress crashed into Tanner Sidd’s car, violating Tanner and Adnan’s Fourteenth Amendment due process rights. Appellees for summary judgment on both claims. Section 1983 imposes liability on a state official who “under color of state law subjects, or causes to be subjected, any citizen . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution.” 42 U.S.C. § 1983. State officials are immune from suit, however, unless the plaintiff can show that the state official violated a constitutional right and that the right was clearly established at the time of the violation. Pearson v. Callahan, 555 U.S. 223, 243-44 (2009). Appellees did not raise a qualified immunity defense to either claim; that defense is waived. Appellees argued, however, that because Appellant and Appellees agree that MacGillray and Fritz had
ALB-16-01-Problem1.docx