How do I sue police for misconduct in Pennsylvania?

1. Federal Statute. 42 U.S.C. § 1983 creates a cause of action against state actors who deprive plaintiffs of federal constitutional rights under color of law. Defendants include municipal officers, county deputies, state troopers, and the political subdivisions that employ them.

2. Qualified Immunity. The Third Circuit applies the Saucier/Pearson two-step. State-court state-law claims are not subject to federal QI.

3. Pennsylvania State-Law Alternative. Pennsylvania has not abolished QI and has not enacted a civil-rights act parallel to § 1983. Local agencies enjoy broad governmental immunity under the Political Subdivision Tort Claims Act, 42 Pa. C.S. §§ 8541-8542, with only narrow exceptions (none for excessive force).

4. Monell Liability. A municipality is liable only when an official policy, custom, or failure to train caused the violation.

5. Statute of Limitations. Section 1983 borrows Pennsylvania's 2-year personal-injury SOL (42 Pa. C.S. § 5524). State-tort claims are also generally subject to a 2-year SOL.

6. Common Constitutional Claims. Fourth Amendment excessive force, unlawful arrest, and unlawful search; Eighth Amendment for post-conviction abuse and denial of medical care; Fourteenth Amendment due process and equal protection.

7. Damages. Compensatory and punitive damages (punitives only against individual officers), plus 42 U.S.C. § 1988 attorney fees for prevailing plaintiffs.

8. Notice of Claim. Section 5522(a) requires 6-month notice for state-law claims against Commonwealth and local agencies; § 1983 federal claims have no notice requirement.

9. Bivens. Federal-officer Bivens claims have been narrowed by Egbert v. Boule (2022).

This is legal information, not legal advice.