Haverford Township Seeks Legal Fees from Man Who Sued Cop
Last week, the Third Circuit Court of Appeals held in favor of Haverford Township in a police brutality case.
This week, the township is seeking to recoup costs from the plaintiff for expenses incurred by the township while fighting the claim and the appeal.
As reported in The Philadelphia Inquirer, James E. Healy claimed that he was assaulted by a Haverford police officer on the evening of July 6, 2007. At the time of the incident, Healy had been pulled over by Officer William Shields. Healy exited his vehicle to inquire why he had been pulled over and according to the officer's account, had pushed the officer. Only at that time, the officer claimed, did he use a Taser, after Healy refused to return to his vehicle.
Subsequently, Healy pleaded guilty to driving under the influence with a suspended license. He sued the township, claiming that Officer Shields had shot Healy with a Taser gun without provocation.
His lawsuit was rejected by a U.S. District Court in December of 2010.
The 3rd Circuit Court of Appeals upheld the lower court's rejection of Healy. But Healy has refused to pay legal fees, reports The Inquirer.
Now, Haverford Township's attorney, Robert DiDomenicis, has filed two petitions to seek court costs from Healy. The first petition is in Federal District Court, seeking $1,474.60 for the costs associated with printed or electronically recorded transcripts and copies "necessarily obtained for use in the case."
The petition filed in the 3rd Circuit Court of Appeals seeks $746.69 for legal briefs, appendices and copies.
The matter should be decided within the next 90 days.
- Search Third Circuit Court of Appeals Decisions (FindLaw Cases)
- Civil Rights (FindLaw)
- Police Misconduct and Civil Rights (FindLaw)
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