Case Highlights

ADDITIONAL CASES SUCCESSES

Shope v. Lancaster County Children & Youth Services (U.S. District Court, Eastern District of Pennsylvania, 2008) - On June 8, 2006, the year old daughter of Patricia Shope was taken to the Lancaster General Hospital where she was diagnosed with ear infections (otitis media). For reasons that never became clear, a social worker for Lancaster County Children & Youth Services ("CYS") came to the hospital, without reasonable suspicion, and took custody of the child. The mother was required to see two different psychologists, at the request of CYS, both of whom found no issues with the mother. Despite the fact that CYS never had any evidence of abuse or neglect, they retained custody of the child until August, 2006. Following the child's return, we instituted a federal civil rights lawsuit alleging 14th Amendment violations. The case settled on the eve of trial when CYS agreed to pay Ms. Shope $125,000 for the Constitutional violation.

Commonwealth v. D.W. (Court of Common Pleas, Dauphin County, Pennsylvania, and appeal of CYS finding of abuse, 2008) - This case began when the ex-wife of client's husband accused our client of sexually abusing her step-son. As a result of the ex-wife's report, Dauphin County Children & Youth Services ("CYS") took custody of the step-son and his two brothers, placing them in foster care. The police and district attorney's office also began investigations, and the ex-wife filed a Protection From Abuse ("PFA") Petition on behalf of the step-son. We were able to become involved in the case at its inception. Following a hearing on the PFA, we succeeded in convincing the Judge to dismiss the PFA. Through the use of a private investigator, we were then able to develop information showing that the ex-wife had a history of making false sexual abuse allegations and found witnesses that saw the ex-wife coaching the children. CYS withdrew its dependence petition at the pre-trial conference, and the police and district attorney decided not to prosecute. Even so, CYS made a finding of "founded" with respect to the abuse, causing the client substantial hardship. We appealed that finding to the Department of Public Welfare, which has jurisdiction over CYS agencies. An administrative law judge found no evidence of abuse, reversed the finding, and cleared our client of any suspicion of wrong doing.

Grove v. City of York (U.S. District Court, Middle District of Pennsylvania, 2007).After being previously ordered by a federal judge to permit Pastor Grove and other members of his church to participate in the City of York's annual Halloween parade, the City of York permitted Pastor Grove to be in the parade, but placed him at the very end of the parade, behind the fire truck that traditionally marked the end of the parade.We brought suit arguing that the City's content-based discrimination violated Pastor Grove's rights to free speech, freedom of association and freedom of religious rights under the First Amendment to the U.S. Constitution.The federal courts agreed, and entered declaratory judgment in favor of Pastor Grove and ordered the City of York to pay nearly $50,000 in attorneys fees.

Commonwealth v. Doll (Court of Common Pleas of York County, 2007).After a fire at Mr. Doll's business, police were summoned from Carroll Township for purposes that did not become clear at trial.Once police arrived, they apprehended Ken Doll and an altercation ensued.Mr. Doll claimed to have been attacked by police; two police officers said that Mr. Doll attacked them.During the altercation, Mr. Doll was struck three times in the head from behind by police officers.He was thereafter maced and tasered twice.Police thereafter charged Mr. Doll with aggravated assault, resisting arrest, disorderly conduct, and interfering with fie operations.Following a week-long jury trial at which more than 20 witnesses testified, Mr. Doll was found not guilty of all charges.

Commonwealth v. Swift (Court of Common Pleas of York County, 2007).Mr. Swift had been identified by a store clerk as the perpetrator of the robbery of a convenience store in southern York County.Through the use of a private investigator, David Crill of Archangel Investigations, we were able to develop information proving that Mr. Swift was actually substantially taller than the real perpetrator.We were also able to establish a individual in Maryland who was likely the real perpetrator.Following a jury trial, Mr. Swift was found not guilty of all charges.

(November, 2006) - A Middle-aged woman was arrested for videotaping an exchange between police and a pastor who was preaching in the street and was charged with disorderly conduct/unlawful videotaping. After criminal charges were dismissed, we pursued a civil claim on behalf of the client which settled out-of-court. In accordance with the terms of the settlement, the names of the parties and the terms of the settlement cannot be disclosed.

United States v. Hawkins (U.S. District Court, Middle District of Pennsylvania, 2006) - Mr. Hawkins was convicted of several drug related offenses. We were retained after conviction and alleged that Mr. Hawkins’ prior counsel was ineffective in his representation of Mr. Hawkins and requested relief under 28 U.S.C. §2255. The U.S. District Court for the Middle District of Pennsylvania granted our petition and granted Mr. Hawkins a right to appeal.

United States v. Gonzalez (U.S. Court of Appeals, 2006) - After pleading guilty to relatively minor offenses, Mr. Gonzalez was sentenced to a period of incarceration that we believed exceeded the U.S. Sentencing Guidelines. On appeal, the court found that the sentence violated the Guidelines and remanded the case for a new sentencing hearing. This represented the second successful appeal of Mr. Gonzalez’s sentence. At re-sentencing, Mr. Gonzalez received a sentence that was approximately one-half of what his original sentence had been.

Commonwealth v. Horst (Court of Common Pleas of Lebanon County, 2005) - Mr. Horst was arrested after talking to two minor girls for attempting to lure children into a motor vehicle. One of the charged against Mr. Horst was dismissed before trial, and the jury found Mr. Horst not guilty of the other charge.

Grove v. Reed (U.S. District Court, Middle District of Pennsylvania, 2005) - A minister filed suit against the City of Harrisburg and various officials for violations of his First Amendment rights of free speech, freedom of religion and freedom of association. Following a jury trial, the jury found the City and its officials had violated Pastor Grove’s rights, and the Court entered an Order prohibiting further discrimination against Pastor Grove based on the content of his speech.

United States v. Lopez-Rosado (U.S. District Court, Middle District of Pennsylvania - 2005) - Mr. Lopez-Rosado pled guilty to several drug offenses, but received a sentence that he believed was inappropriately severe. After his conviction and sentence, we were retained to represent Mr. Lopez-Rosado and filed a petition alleging that his prior defense counsel was constitutionally ineffective and requested relief under 28 U.S.C. §2255. The Court granted our petition, giving Mr. Lopez-Rosado the right to challenge his sentence on appeal.

United States v. Mornan—U.S. Court of Appeals for the Third Circuit 2005
A citizen of Jamaica and resident of Canada was charged in a multi-count indictment with international mail fraud, wire fraud, and money laundering. Following his convictions in U.S. District Court, we represented Mornan on appeal arguing that the trial court had impermissibly sentenced Mornan for conduct that had not been proven before a jury. The court found that Mornan’s rights had been violated and vacated his sentence entitling him to a new sentencing hearing.

Kimes v. D.J. Wisor and Sons—Court of Common Pleas of McKean County 2005
An employee of the Borough of McKean was killed in a work accident when a contractor caused a sewer pipe to explode, that, in turn, exploded a manhole. The case was settled in the upper six figures.

Hollawell v. Gillis—U.S. Court of Appeals for the Third Circuit 2004
Successfully represented a state prisoner in federal habeas corpus action challenging his continued incarceration as a violation of the ex post facto clause of the U.S. Constitution. The court found the 1996 amendments to the state parole statute unconstitutional and Hollawell was released from custody.

United States v. Holland—U.S. District Court, Middle District of Pennsylvania 2003
Successfully defended an individual charged with the drug-related murder of a competing drug dealer in Susquehanna Township. Jury was unable to agree on a verdict, and the government subsequently dismissed the murder charge. Holland was convicted of the lesser charge of distribution of narcotics.

Zeigler v. Mount Carmel Area School District—U.S. Court of Appeals for the Third Circuit 2003
Mount Carmel Superintendent and principal were sued civilly for violation of the federal civil rights act by parents of a former student who had committed suicide. The U.S. District Court granted a motion to dismiss the case in favor of the superintendent and principal. The dismissal was affirmed by the Court of Appeals.

Williams, et. al v. Henson Trucking—U.S. District Court, Middle District of Pennsylvania 2003
Trucking company employees had been underpaid by their employer. An action was filed under the Federal Fair Labor Standards Act and the Pennsylvania Wage Payment and Collection Law. Following a jury trial, plaintiffs were awarded back pay and attorney’s fees.

Marino v. Heckman—Supreme Court of Pennsylvania 1999
Case successfully challenged a Pennsylvania procedural rule that permitted courts to dismiss civil actions after there had been two years of inactivity on the docket. As a result, the Supreme Court reinstated the case and an injured plaintiff was able to settle a significant personal injury action. The case had a significant impact on other plaintiffs throughout the Commonwealth.