Law Offices of Timothy P. O'Brien

O'BRIEN LAW ATTORNEY MAGGIE COLEMAN ELECTED TO ACADEMY OF TRIAL LAWYERS O’Brien Law is pleased to announce that Attorney Maggie Coleman has been selected for membership in the prestigious Academy of Trial Lawyers of Allegheny County. The Academy began in 1959 as an organization to promote the highest standards of integrity, civility, and competence in the legal profession. Members of the Academy represent the most exceptional civil trial lawyers in Allegheny County. You can read more about the Academy and its members at the link below.

O'BRIEN LAW SUES OVER VIOLENT, RACIST ARREST AND COVER-UP O'Brien Law attorney Alec Wright has filed suit against the Racoon Township Police Department and the Pennsylvania State Police on behalf of Emmitt Willis. Last month, a Racoon Township police officer stopped Mr. Willis while he was delivering groceries. The officer pulled up beside Mr. Willis while he was driving and pointed a handgun at him. When Mr. Willis pulled over, the officer forcibly removed him from his car..., punched him several times and repeatedly called him a racial slur. At one point the officer discharged his gun into the ground next to Mr. Willis and then pocketed the cartridge. Pennsylvania State Troopers later tried to help cover up the incident by taking Mr. Willis into custody and subjecting him to a blood alcohol test. The troopers release him without filing charges. The lawsuit claims Mr. Willis was the victim of excessive force, false arrest, false imprisonment and civil conspiracy. He is seeking compensatory and punitive damages, as well as attorney fees and costs. You can listen to Alec Wright and Mr. Willis discuss the case with Lynne Hayes-Freeland at the link below.

Can your employer make getting the vaccine a requirement? Lynne Hayes Freeland talks with Attorney Timothy P. O'Brien. https://www.radio.com//lynne/attorney-tim-obrien-351401458

O'BRIEN LAW OBTAINS $393,000 FOR 12-YEAR-OLD INJURED IN CITY OF PITTSBURGH POLICE CHASE Thanks to the efforts of O’Brien Law attorneys Alec Wright and Tim O’Brien, the City of Pittsburgh will pay nearly $400,000 to a girl who was seriously injured in a high-speed police chase. Police initiated the pursuit through crowded streets after the driver allegedly committed a minor traffic violation. Our client was one of five people injured when the car crashed. In a separate case ...handled by our office, the City is expected to pay $250,000 for retaliating against a former officer who blew the whistle on waste, fraud, and abuse within the police department. You can read more about both cases at the link below.

As a firm committed to fighting for justice and upholding the constitutional rights of all citizens, O'Brien Law is profoundly saddened by the loss of one of the true champions in that fight. Ruth Bader Ginsburg's life work was dedicated to the principle that we are all created equal and are entitled to equal treatment under the law. Rest in peace RBG.

To everyone protesting in the streets for a better America, thank you for your patriotism.

Today, we celebrate the bravery of our fathers and their gift of freedom. Here’s wishing everyone a safe and enjoyable Independence Day.

O'BRIEN LAW FILES SUIT ON BEHALF FOR EX-ERIE POLICE CHIEF This week O'Brien Law filed suit against the City of Erie on behalf of its former police chief Donald Dacus. The suit alleges that the City demoted and then repeatedly refused to promote Mr. Dacus because he did not support the mayor's political campaign. These actions violated state and local civil service laws designed to promote objectivity and transparency in local law enforcement personnel decisions. The actions also violated Mr. Dacus' constitutional rights under the first and fourteenth amendments. You can read more about the lawsuit at the link below.

WRONGFUL TERMINATION ACTION FILED ON BEHALF OF WORKER WHO REFUSED TO VIOLATE COVID-19 ORDER Last week, O'Brien Law attorney Maggie Coleman filed a wrongful termination action against AcceptanceNOW alleging that it terminated her client, Tiffany Sager, for refusing to violate the Governor's business closure orders. AcceptanceNOW ordered her to go to work on May 3rd, before the business closure order was lifted. When she objected, AcceptanceNOW replaced her with another emplo...yee who was willing to break the law. You can watch WTAE's interview with Ms. Sager and Attorney Coleman at the link below. It is illegal to for an employer to terminate an employee because they refuse to break the law. If your employer has punished you for refusing to violate COVID-19 related orders, or any other state or federal law, contact us to discuss your legal options.

O'BRIEN LAW CLIENT SAVES POLICE OFFICER FROM FIERY CRASH This office is proud to represent Daylan McLee. On June 21, 2020, he rescued a seriously injured police officer from a burning vehicle after a horrific crash. Daylan proved to the world what we already knew: that he is a hero. We wish the officer a full and complete recovery, and that he is back with his family soon. You can read the full article about the rescue at the link below. Attorney Alec B. Wright, Esquir...e has released the following statement about Daylan and this particular incident: Over the course of his life, Daylan McLee has had multiple, unjustified encounters with police officers just because of the color of his skin. Daylan was previously incarcerated for over a year for a crime he did not commit. Daylan was previously kicked in the face while his hands were handcuffed behind his back by the very same police department of the officer whose life he risked his own to save. Those are just a few examples of his experience with the police. Those encounters make him the perfect candidate to hate and resent the police. But, that is not Daylan. Daylan embodies love, kindness and compassion that is inextricably intertwined with strength, courage, and toughness. The answer is not to disregard human life; the answer is to accept it for all that it is. That is Daylan. When given a choice between past experiences and human life, Daylan chose to represent humanity, regardless of race. He chose to save the life of a man that works for the institution that repeatedly tried to take his. Black Lives Matter. From all of us, thank you, Daylan.

O'BRIEN LAW FILES SUIT ON BEHALF MAN WRONGFULLY CONVICTED OF MURDER AT AGE 11 Today O'Brien Law attorney Alec Wright filed a civil lawsuit on behalf of Jordan Brown. Brown alleges that state troopers conspired to wrongfully convict him of murdering his pregnant step-mother when he was 11-years-old. The troopers ignored the obvious suspect, an ex-boyfriend with a history of abuse and death threats. Instead, relying exclusively on an unreliable statement from Brown's 7-year-o...ld step-sister, the troopers focused on Brown. To obtain his conviction they hid exculpatory information, falsified witness statements and offered controversial and misleading evidence in court. Brown was eventually exonerated by the Pennsylvania Supreme Court in 2018. He had spent nearly his entire childhood behind bars. O'Brien Law is co-counselling the lawsuit with Attorney Stephen Barth. You can read an Associated Press article about the lawsuit at the link below.

As of June 15, 2020, "An employer who fires an individual merely for being gay or transgender defies the law." You can read the Supreme Court's historic opinion in Bostock v. Clayton County at the link below.

O'BRIEN LAW FILES CLASS ACTION OVER BRUTALITY AT EAST LIBERTY PROTEST Today O'Brien Law attorney Maggie Coleman, in conjunction with the Abolitionist Law Center and Elzer Law Office, filed a class action lawsuit against the Pittsburgh police and city officials. The lawsuit alleges that the police violated the constitution on June 1, 2020 when they broke up a peaceful protest with tear gas, rubber bullets, pepper spray and other "crowd control" munitions. The lawsuit further... alleges that the Mayor, Public Safety Director, Chief of Police and other officials lied about the abuses at a press conference later that evening. These officials stated that protesters instigated the violence by throwing rocks and bricks at police and denied using any force other than "smoke." Numerous videos demonstrate that their statements were patently false. The following excerpt is from the Post Gazette's article about the lawsuit. You can read the entire article by clicking the link below. Ms. Coleman chastised Mr. Peduto for accepting the police version of events at face value. "He doesn't ask the people that were there," she said. "I think what it shows is just how entrenched this is in police departments across the country and in every community, the habitual misrepresentation of the facts, lying in police reports, the escalation of violence rather than deescalation of violence, the use of the maximum amounts of force to respond to any threat, those are things that are so pervasive throughout our society that even for a mayor who says he's progressive, it's still very difficult to root that out.

O’BRIEN LAW STANDS WITH PROTESTERS. At O’Brien Law, we stand with those marching against police brutality. Our firm has used the court system to combat police abuse and racial discrimination for over 40 years. We know this Country needs structural change to end its long history of systemic racism. We support those who march in the streets to force this change and we vow to continue to fight with them for as long as it takes.

O’Brien Law is investigating the use of force by Pittsburgh police against protesters in East Liberty on June 1. If you are a victim, witness or if you have any information (especially video) which may assist us in preparing a federal civil rights lawsuit on behalf of protesters, please contact us at [email protected] or call (412) 232-4400. Please share this post widely so we can reach as many people as possible.

If you are wondering why the officer that killed George Floyd was still on the Minneapolis police force after numerous excessive force complaints, listen to this episode of the New York Times podcast "The Daily." It describes the systems that protect bad cops and explains why it so difficult to fire them.

Listen to Attorney Tim O'Brien discuss the murder of George Floyd and the law surrounding deadly force with Marty Griffin on KDKA radio.

REASONABLE ACCOMMODATIONS AND COVID-19 Under the Americans with Disabilities Act, employers must make reasonable accommodations for employees with disabilities. Many employees’ disabilities make them particularly vulnerable to serious illness if they contract COVID-19. These employees have the right to request accommodations to protect them from infection and employers must provide accommodations, as long as doing so will not pose an undue hardship. Reasonable accommodat...ions could include (but are not limited to): permission to work from home, unpaid leave, implementing protective measures in the workplace or reassignment to another available position. The employer does not need to provide exactly what the employee requests. However, the employer must engage in an informal, interactive discussion with the employee to identify an effective alternative accommodation. An employer may not discriminate or retaliate against an employee for requesting an accommodation. If you believe your employer is violating your rights, contact us today for a free consultation.

BIG TECH FIRMS’ MEDICAL SURVEILLANCE PLANS WORRY PRIVACY ADVOCATES Google and Apple have announced a joint effort to create technology which would allow the government to trace individuals who have tested positive for the coronavirus and warn others who may have been exposed. The plan would use cell phone data to track people’s movements. Privacy advocates worry that the government will use the data for other purposes, such as law enforcement. You can read more about the proposed technology and its risks to personal privacy on the ACLU’s website.

O’BRIEN LAW CASES CITED IN SUIT OVER PAGAN BAR BRAWL The owner of Kopy’s Bar has sued the Pittsburgh Police for causing a brawl in which one officer punched a restrained patron in the head at least 20 times. The lawsuit alleges that the City has a policy of condoning officer violence. In support of his allegations, Mr. Kopy cited numerous excessive force lawsuits, many of which were brought by our attorneys. O’BRIEN LAW has sued two of the officers named in the lawsuit, David Honick and Mathew Turko, multiple times. In 2012, O’BRIEN LAW attorney Margaret Coleman obtained a $105,000 jury verdict against Turko for beating her client with a pistol. The City promoted Turko less than a year later.

NEW YORK SUES TRUMP ADMINISTRATION OVER FFCRA REGULATIONS New York Attorney General Letitia James has filed a lawsuit against the U.S. Department of Labor over its interpretation of the Families First Coronavirus Response Act. Congress passed the FFCRA to provide protection to workers affected by the COVID-19 pandemic. The DOL was charged with drafting regulations which explain and implement the statute. Ms. James alleges in her lawsuit that the DOL's regulations contradict the statute by excluding workers Congress intended to protect. Read more about the lawsuit here:

INMATES CHALLENGE ACJ COVID RESPONSE Last week three non-profit organizations teamed together to challenge the Allegheny County Jail's response to risk of a COVID-19 outbreak. The lawsuit alleges that although more than 600 inmates have been released in an effort to decrease the Jail's population, Warden Orlando Harper has improperly responded by consolidating the remaining inmates, making social distancing impossible and increasing the risk of transmission. The case was br...ought on behalf of three current inmates who are being held as pretrial detainees on minor charges. All three inmates suffer from preexisting health conditions which increase their risk of serious illness or death if infected. The nonprofit organizations representing the inmates are the Abolitionist Law Center, the American Civil Liberties Union and the Pennsylvania Institutional Law Project. More information about the lawsuit is available on the Abolitionist Law Center's website:

FAMILIES FIRST CORONAVIRUS RESPONSE ACT PROVIDES PAID LEAVE FOR SOME WORKERS The FFCRA went into effect On April 1, 2020. Here is a brief summary of who is entitled to what under this new law. Who is covered: In general, the law covers employees of private sector employers with fewer than 500 employees and most public sector employees. Health care providers may exclude their employees from coverage and private employers with fewer than 50 employees may be exempted for fina...ncial hardship reasons. Sick Leave: The law provides two weeks of paid leave for employees who miss work for coronavirus-related reasons. Employees receive 100% of their regular pay for their own sickness and 2/3 of their regular pay to care for someone else who is sick. Family Leave: The law provides up to 12 weeks of paid leave for employees who must miss work to care for a child whose school or daycare is closed. These employees receive 2/3 of their regular pay. Additional information about the FFCRA is available on the U.S. Department of Labor’s website: https://www.dol.gov/agencies/whd/ffcra

The United States Supreme Court has held that federal employees may sue for age discrimination if age played *any role* in an employment decision. This is different from the standard for non-federal workers, who can only sue if age was the "but for" cause of the decision. Read more here: https://www.scotusblog.com//opinion-analysis-federal-empl/

The United States Supreme Court has held that a police officer may stop any car if the registered owner has a revoked driver’s license. The Court held that it is reasonable for an officer to assume that a car is being driven by its owner. Read more here: https://www.scotusblog.com//opinion-analysis-court-uphold/

O’BRIEN LAW IS OPEN We are OPEN during the COVID-19 crisis. Our phones are working and we are accepting cases. We have closed our physical office, but our attorneys and staff will continue to work off-site at full capacity. Please contact us if you believe your rights have been violated. (412) 232-4400 or [email protected]

Tune in at 12:15 to hear Attorney Margaret S. Coleman (Maggie Wirtz) Sara Rose from the ACLU announce a class action lawsuit on behalf of new mothers and against UPMC and Allegheny County for disclosure of private medical information and unconstitutional investigations. https://www.radio.com/kdkaradio/listen

ATTORNEY O’BRIEN SOUNDS ALARM AT PRESENTATION TO CAPACITY AUDIENCE AT CMU OSHER LIFE LEARNING INSTITUTE ON POLICE ABUSE IN THE ERA OF THE TRUMP ADMINISTRATION On January 28, 2020, Attorney O'Brien gave a presentation at the CMU OSHER Lifelong Learning Institute on the issue of police abuse in the context of civil liberties in the Trump era. Mr. O'Brien's presentation compared how the Trump administration's approach to the issue of police abuse differed from how the Obama ad...Continue reading

The Law offices of Timothy P. O'Brien Esq., on February 3, 2020 filed an appeal to Commonwealth Court of Pennsylvania from an Allegheny County Court of Common Pleas decision allowing the City of Pittsburgh to refuse to pay a $75,000 federal civil rights excessive force verdict entered against its police officer. In 2017 a federal jury found that Officer Colby Neidig was acting pursuant to his official authority as a City of Pittsburgh police officer when he severely beat Sha...ne McGuirea sixteen-year-old ---when the 2012 incident occurred. The City of Pittsburgh refused to honor its obligation to pay the verdict claiming Neidig engaged in willful misconduct. The City ---to the contrary--- never disciplined Neidig and, shortly after the assault, even promoted him to Sergeant. Because of the City’s refusal to take responsibility, Neidig has never been held accountable and Mr. McGuire has never been compensated. Mr. McGuire contends that he should never have been required to endure a second trial to enforce the federal jury’s verdict or be put to the unnecessary task of retrying issues already decided by that jury. Mr. McGuire is a member of the United States Armed Services currently serving overseas where he is fighting for and defending this Country. At the City’s insistencehe was forced to leave his duty station and had to testify by video in the second trial. According to Timothy P. O’Brien, Mr. McGuire’s attorney, this appeal stands for the proposition that the City should not be able to shirk its responsibility to pay for injuries which a jury found were caused by its police officerusing authority granted to that officer by the City--- and that no citizen should be put "through the ringer twice" to obtain justice for the violation of fundamental constitutional rights. Mr. McGuire stated that he hopes his appeal and his fight for justice will be successful stating I never thought it would take this longbut I have faith in our legal system that in the end justice will prevail. https://www.wtae.com//attorney-files-appeal-pitts/30756704

Wishing everyone a safe and peaceful holiday season! From all of us at the Law Offices of Timothy P. O’Brien.

O'BRIEN LAW FILES LAWSUIT ALLEGING STAFF RIDICULED INMATE DURING PROLONGED, EXCRUCIATING DEATH On Friday, November 8, O'Brien Law filed a federal lawsuit alleging that Clinton County Jail staff failed to treat inmate Shawn Kitchen's routine urinary tract infection. The Jail's deliberate indifference caused him to suffer a slow painful death from a kidney infection. Instead of treating him, staff members ridiculed him as he spend days in his cell, writhing and screaming in p...ain. When he died, emergency medical responders found him in lying naked in a shower in a pool of urine. Jail staff reported that he had "advised no complaints" prior to his collapse. However, they were difficult to question because they just kept repeating "this is not good." You can read the U.S. News and World Report article about our lawsuit by following the link below. https://www.usnews.com//lawsuit-staff-ignored-ridiculed-si

O’Brien Law attorney Alec Wright is working with the Abolitionist Law Center to force the Allegheny County Jail to provide humane housing conditions and proper mental health care for Ms. Andrews. https://www.post-gazette.com//Tony-No/stories/201906210015

A Pennsylvania jury recently awarded $2.5 million to a man who was severely injured while skiing. We are litigating a similar case involving a trampoline park. Corporations should not be permitted to rely on waivers to escape liability when they consciously ignore unreasonably dangerous conditions in their facilities.

The suicide rate at the Allegheny County Jail is at least twice the national average. Often these suicides are caused by substandard screening, psychiatric care, medication provision and observation. Our firm recently obtained a substantial settlement for the family of a 15 year old who took his life while in the custody of the Pennsylvania Department of Corrections. His custodians failed to recognize numerous suicide risk factors in the days and weeks leading to his deat...h. When we give our correctional institutions custody of our most psychologically vulnerable friends, neighbors and family members, we trust that they will be protected both from others, and from themselves. We are now seeking to hold the Allegheny County Jail accountable for its known failures connection with completed and attempted suicides. Our institutions must do more to protect human life. See more

O’Brien Law attorney Alec Wright has filed a federal civil rights lawsuit on behalf of Melanie Carter, who was assaulted and arrested by North Versailles police officer Christopher Kelly after she began to record his actions with her cell phone. Ms. Carter began recording after she witnessed Kelly and employees of the Phoenix Theater targeting a group of African American children and treating them unfairly. One of the employees referred to the kids as animals. While Ms. Ca...rter was recording the incident, Kelly arrested her by using his larger size to throw her to the ground, put his knee in her back and shove her face into the concrete multiple times. He then falsely charged her with numerous crimes. All of the charges were later dismissed. Ms. Carter, like any other member of the public, has a constitutional right to record police officers conducting official police activity. If and when police officers like Christopher Kelly retaliate against members of the public for recording their activities, then they must be held accountable. You can read the Post-Gazette’s coverage of this case by clicking the link below.

O’Brien Law attorney Margaret S. Coleman has filed a federal civil rights lawsuit on behalf of a Pittsburgh woman who was arrested, jailed and charged with multiple felonies because she did not support Donald Trump, was viewed by the arresting officer as a bleeding heart liberal, and sassed him. Arresting a citizen because of her support, or lack of support, for a particular party, candidate or elected official is contrary to basic principles of American democracy. It is... a gross abuse of power for a police officer to punish a citizen for exercising her constitutional right to express political views and criticize the government. Our client should be commended for her courage in filing this lawsuit to draw attention to her experience. Hopefully this will send a message to other police officers that we will not permit them to abuse the powers we have entrusted to them. You can the Pittsburgh Post-Gazette’s coverage of the case by clicking the link below.

O'Brien Law attorney Maggie Coleman was featured in a Pittsburgh Post-Gazette story about pregnancy discrimination this weekend. Employers may not discriminate against women because of pregnancy or childbirth. Nevertheless, pregnancy discrimination happens and it is a major contributor to the "glass ceiling." It interferes with women's ability to return to the workplace and advance professionally after they have children. If you believe you have experienced pregnancy discrimination at your job, or if you have been turned down for a job because you were pregnant or might become pregnant, contact us to schedule a free consultation.

O’Brien Law attorney Alec Wright is presenting at a CLE program on recent developments in the law surrounding police misconduct. Click the link below to register. https://www.acba.org//Ev/sessionaltcd/CLE190416_MISCOUNDUC

Today the Pittsburgh City Council began the process of formally approving an $80,000 settlement in an O'Brien Law case involving a SWAT raid on the wrong home. The SWAT team broke through the wrong door of a two unit apartment building, terrorizing an innocent family including several young children. The mistake could have been easily avoided. O'Brien Law attorney Margaret S. Coleman, Esq. spoke with Rick Earle WPXI today about the case and the settlement.

O'BRIEN LAW CASE FEATURED IN NATIONAL PODCAST PBS podcast Frontline Dispatch has featured Steven Mader's wrongful termination case in the first episode of its second season. Stephen Mader, a former Weirton West Virginia police officer, was fired after he failed to shoot an armed man who was asking to be shot. It was later determined that the man's gun was unloaded and he was suicidal. O'Brien Law attorneys filed suit alleging that the termination violated public policy. The podcast presents an in-depth analysis of the numerous social justice issues raised by this case and includes interviews with O'Brien Law attorneys Maggie Coleman and Tim O'Brien. You can listen to the full podcast by following the link below. If you believe you have been wrongfully fired from your job, contact us today to discuss your legal options.

O'BRIEN LAW ATTORNEY FILES MALICIOUS PROSECUTION SUIT AGAINST PA STATE TROOPERS The Law Offices of Timothy P. O’Brien have filed a federal lawsuit against four Pennsylvania State Troopers for the malicious prosecution of Daylan McLee. The lawsuit alleges that these Troopers knew Mr. McLee was an innocent man who had saved lives by disarming a gunman. But in order to cover up their own misconduct they falsely charged him with numerous felonies. After he spent a year in jail a jury found him not guilty of every criminal charge. You can view WPXI’s coverage of the lawsuit, including an interview with O’Brien Law attorney Alec Wright, by clicking the link below. If you believe that your rights have been violated by the Pennsylvania State Police or any other law enforcement agency, contact us to today to discuss your legal options.

This week ProPublica published an expansive investigative piece on the Stephen Mader case, filed by our office in 2017. Mader was fired by the Weirton West Virginia police department because he did not shoot an armed African American man who was asking to be shot. It was later determined that the man’s gun was unloaded and he was suicidal. The article includes an interview with O’Brien Law attorneys Tim O’Brien and Maggie Coleman. We are proud to have had the opportunity to represent Mr. Mader and are glad that this important case continues to receive the attention it deserves. Police officers must be given the discretion to hold their fire when they believe deadly force is not necessary. https://features.propublica.org//police-shooting-lethal-f/

O'BRIEN LAW ANNOUNCES SETTLEMENT OF EXCESSIVE FORCE LAWSUIT AGAINST WOODLAND HILLS SCHOOL DISTRICT This week O'Brien Law attorneys Timothy P. O'Brien, Esq. and Margaret S. Coleman, Esq., together with Todd J. Hollis Law announced the settlement of their lawsuit against the Woodland Hills School District. We represented five brave students who came forward with allegations of physical, verbal and emotional abuse by administrators and resource officers at Woodland Hills High Sc...hool. Many of the students alleged that they were falsely charged with serious crimes in order to cover up the assaults. The dollar amount of the settlement on behalf of all five students was just over $500,000. In addition, as a result of the lawsuit and the hard work of community activists, much needed changes have been made in the District. We are proud to have participated in this important case and are extremely pleased with the outcome. You can read more about the lawsuit and the resolution in the article below. See more

O'BRIEN LAW FILES SUIT FOR YOUNG GIRL INJURED IN POLICE CHASE On office has filed suit on behalf of a young girl who was seriously injured in a high-speed pursuit initiated by City of Pittsburgh Police. Police officers initiated the chase over a minor traffic violation and continued it onto busy Pittsburgh streets. Our client, who was 12-year-old at the time, sustained significant and permanent injuries when the chase ended in a head on collision on Baum Boulevard. We have al...leged that the City has a practice of permitting its officers to initiate high speed pursuits based on minor traffic violations and to continue these pursuits through heavily populated areas. Nearly 25% of all City of Pittsburgh police chases result in damage to someone or something. We believe the City’s practices demonstrate a callous indifference to the safety of its citizens. The case has received national attention. You can read the Tribune Review's coverage of the filing below.

O'BRIEN LAW ANNOUNCES $1.1 MILLION SETTLEMENT OF INMATE BEATING CASE We are pleased to announce that our client Patrick J. Haight and Erie County have mutually agreed to settle his claims for injuries he sustained while incarcerated in the Erie County Prison for the sum of $1,100,000. The parties are pleased to be able to amicably resolve this matter. The parties jointly acknowledge and wish to make clear that every person incarcerated in our institutional facilities are entitled to humane and just treatment in those facilities, afforded to them by properly trained prison personnel.

O'Brien Law Attorney Alec Wright will be presenting at the upcoming PBI seminar "Practice before the PA Human Relations Commission." Attorneys interested in attending (and earning 4 CLE credits) can register through the link below.

O’BRIEN LAW ATTORNEYS ANNOUNCE BIG SETTLEMENT AND BIG WIN FOR GOVERNMENT EMPLOYEES It’s been a busy week at our office. On Thursday Tim O’Brien announced a $600,000 settlement on behalf of fired North Huntington Township police chief Andrew Lisiecki. Lisiecki alleged that he was terminated for political reasons and without due process in violation of the Constitution and Pennsylvania law. The settlement is believed the be one of the largest ever obtained on behalf of a law... enforcement official in Pennsylvania in connection with a wrongful termination. Also on Thursday Judge Arthur J. Schwab declared portions of the Allegheny County Jail’s mandatory overtime practices illegal. Attorney Maggie Coleman from our office teamed up with attorneys from Feinstein, Doyle, Payne and Kravec to challenge the policy. We alleged that the Jail’s practice of assigning extra mandatory overtime shifts to officers who must use leave because they cannot work overtime violated the Family Medical Leave Act. Judge Schwab agreed and enjoined the practice. For the first time in years, our clients can use their federally guaranteed leave without worrying about discipline and termination. You can check our website below for links to media articles about these and other notable cases our firm has handled. (Scroll down to find the links) We have more big announcements on the way in the next few weeks. Stay tuned . . .

The doctrine of qualified immunity prevents civil rights claims against government officials unless it was clearly established at the time that they were viol...ating the Constitution. The U.S. Supreme Court has expanded this doctrine over the years, making it extremely difficult for victims of government misconduct to obtain justice. In this video, Public Justice awards the Illuminating Injustice Award to the family of Andrew Scott. Mr. Scott was shot multiple times by police officers on his doorstep. The officers had misidentified his motorcycle as one used in a high-speed pursuit and shot him as soon as he opened his door. All of the officers were dismissed from the case because of the qualified immunity doctrine. See more

Last year we filed a lawsuit against the Woodland Hills School District alleging that the District permitted police officers and "behavioral specialists" to assault disabled students instead of providing them with required behavioral support services. Last week the Pennsylvania Auditor General released the results of an audit of WHSD policies and procedures. He found that the District’s policies regarding students and police have not been reviewed or updated in over 20 years. He also found that the District employs several unqualified behavioral specialists to work with students with emotional and behavioral disabilities. One of these unqualified "specialists" was videotaped dragging a student down a hallway by his neck. We believe these deficiencies played a direct role in our clients’ injuries.

An unarmed African-American teenager was shot in the back by police in East Pittsburgh last night. A protest is scheduled for noon tomorrow in front of the Allegheny County Courthouse.

FORMER INMATE SUES JAIL OVER MEDICAL NEGLECT AND AMPUTATION The Law Offices of Timothy P. O'Brien have filed a lawsuit on behalf of a former Allegheny County Jail inmate whose toe was amputated due to the County's failure to appropriately treat his diabetes. He now faces possible loss of his leg. You can read more about the lawsuit at the link below. http://www.post-gazette.com//alleghen/stories/201805160172

Attorney Alec Wright will be speaking about Modern Day Debtors Prisons this Thursday at the Squirrel Hill Library. The talk starts at 6 and admission is free. Click the link below for details.

The Law Offices of Timothy P. O’Brien have filed a federal lawsuit alleging that Westmoreland County and its Sheriff, Jonathan Held, violated federal law by discriminating against active uniformed service members. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects all members of the uniformed services from discrimination or retaliation because of their service. The lawsuit alleges that the Defendants have repeatedly refused to promote Jonathon Sutton, a part-time sheriff’s deputy, because of his reserve obligations in the United States Marine Corps. You can click the link below for more information about the lawsuit. If you believe your employer has discriminated against you because of your military service, please give us a call to discuss your legal options.

FORMER INMATE FILES SUIT AFTER BRUTAL BEATING AT ERIE COUNTY PRISON The Law Offices of Timothy P. O'Brien have filed a lawsuit on behalf of a former inmate who suffered life threatening injuries after a brutal beating by Erie County Prison guards. Mr. Haight was arrested on suspicion of driving under the influence of marijuana and was imprisoned pending trial because he was unable to pay a $500 bond. As a result of the beating he sustained life-threatening injuries including strokes, kidney failure, collapsed or punctured lung, torn or restricted carotid arteries, acute closed head injuries, broken ribs, ruptured eye socket and numerous cuts and abrasions. The lawsuit alleges that the beating was a result of a culture of inmate abuse at the Erie County Prison.

In light of the current dialogue surrounding arming teachers and increasing the number of police officers in schools, we recommend reviewing the complaint we filed last year against Woodland Hills School District. In that case we alleged that staff members, a school police officer and a principal committed numerous acts of violence and brutality against disabled African American students. It is critically important that we consider how arming teachers and increasing law enforcement in schools will affect minority students in less affluent school districts.

PITTSBURGH COP FILES WHISTLEBLOWER LAWSUIT The Law Offices of Timothy P. O’Brien and Officer Souroth Chatterji have filed a whistleblower and civil rights lawsuit against the City of Pittsburgh and its Assistant Chief of Police Linda Rosatto-Barone. The suit alleges that Chatterji was retaliated against for reporting waste and abuse of City resources. Chatterji made the report following an investigation ordered by the former Chief of Police. He was then denied promotion to Sergent despite being the most qualified applicant for the position. Click the link below to read more about the complaint, which is being handled by Alec B. Wright, Esq. If you think you've been retaliated against by your employer, give us a call today to discuss your legal options.

OFFICER FIRED FOR NOT SHOOTING SUICIDAL MAN REACHES SETTLEMENT This groundbreaking case received national attention when we filed it last May. The City of Weirton, WV terminated Officer Stephen Mader after he decided not to shoot a man who repeatedly asked to be shot. The department claimed that he had put other officers at risk. Along with the WV ACLU, we argued that terminating a police officer for failing to use unconstitutional force violated WV public policy. You can watch Mr. Mader, Timothy O'Brien and Margaret S. Coleman, Esq. discuss the settlement with Rick Earle WPXI below. If you have questions about this case or would like a free evaluation of your own case, contact us today.

Sexual Harassment in the Workplace Sexual harassment doesn’t just affect movie stars. Women in every type of workplace experience sexual harassment, from hotels to construction sites to executive offices. State and federal statutes help women fight back against harassers and employers who ignore harassment. Filing a sexual harassment can be grueling, but victory is possible. In 2015 our firm obtained a $13,000,000 verdict for a sexual harassment victim. Of course, all cases a...re different and there are no guarantees, but with the right partner, you can fight back. Contact us for a free evaluation of your case (412) 232-4400 [email protected]

OFFICER TRANSPARENCY IN POLICE MISCONDUCT CASES Timothy P. O'Brien was recently invited by WTAE-TV Pittsburgh to discuss police transparency in officer-involved shootings. Our office takes the position that, as a general rule, and as citizens, we are entitled to know what our public servants are doing. Of course, there are exceptions to that general rule, but absolute deference should not be given to our public officials to withhold information. Check out the full-length video below: For more information on the work we do on behalf of victims of police misconduct, visit our webpage (www.obrienlawpgh.com) or contact us today.

We just published a new blog article about excessive force claims by pretrial detainees. Please contact us if you have questions about this subject or if you think your constitutional rights have been violated.

We've started a blog! Click the link below to read articles about reasonable accommodation and the Americans with Disabilities Act, the rights of transgender inmates and race discrimination in employment. We've got more topics in the works and will post links here as we publish them. http://www.obrienlawpgh.com/blog/

Last Sunday the Pittsburgh Tribune Review published an extensive profile of our client, Jules Williams. Ms. Williams is a transgender woman who has courageously stepped forward to file a groundbreaking lawsuit against the Allegheny County Jail (ACJ) challenging its practice of housing transgender women with men. As the Trib's story suggests, like many transgender individuals, Ms. Williams has experienced great difficulty in being accepted by society at large. Over the past fe...w years she was jailed multiple times at the ACJ for minor offenses. Each time she was processed and housed with men and was subjected to emotional and physical abuse including sexual assaults, verbal abuse and humiliation. In one instance, Ms. Williams was placed in solitary confinement with a male inmate where she was confined to that cell with that male inmate for 23 hours per day. She was repeatedly sexually assaulted by the male inmate over a period of four straight days. We are determined to make this lawsuit the catalyst for humane treatment of transgender individuals in corrections institutions and for their greater acceptance in society at large. See more

This week the Allegheny County Bar Association voted to re-establish its Civil Rights Litigation Committee. Attorney Alec Wright, from our office, was appointed as Chair. Timothy P. O’Brien was the original Founder of this Committee and a former Chair. If you have any questions about civil rights litigation, or this Committee, please contact us.

This week Attorney Alec Wright filed a federal complaint against insurance giant Aetna, Inc. (Aetna) on behalf of an employee with a vision impairment. The complaint asserts that Aetna failed to accommodate her disability. Most employers are required to offer reasonable accommodations to disabled employees. If you believe your employer has failed to accommodate your disability, contact us today to discuss your legal rights.

On November 27, 2017, attorney Alec Wright from our office filed a complaint in federal court on behalf of three African American employees of American Tire Distributors, Inc. (ATD). The complaint asserts that ATD discriminated against these employees because of their race. If you believe you have been discriminated against because of race, contact us today for a free evaluation of your legal rights.

Last week the Pittsburgh Post-Gazette reported on a $1.15 million settlement our firm obtained for former Allegheny County Jail major Walter Mikulan. A jury concluded that the Jail terminated Major Mikulan because of his age and his use of FMLA leave. If you believe your employer is discriminating against you, call us today for a free evaluation of your legal rights. http://www.post-gazette.com//Alleghen/stories/201711170237

Happy Thanksgiving from all of us at the Law Offices of Timothy P. O'Brien!

Last week Margaret S. Coleman, Esq. filed suit on behalf of a Chippewa Township police officer who was discriminated against and passed over for promotions after she became pregnant. The township promoted less qualified men instead. Pregnancy discrimination is illegal. If you believe your employer discriminated against you because you became pregnant, please contact us for a free consultation and evaluation of your legal rights.