In El v. City of Pittsburgh, the 3rd Circuit confronted two brothers’ Section 1983 actions against three Pittsburgh police officers. What started as an investigatory detention over the possibility that one brother might have purchased tobacco underage (he didn’t) ended with one brother tasered, and the other brother slammed against a wall. The Court reiterated its pleading standard to establish that a police officer is liable for failing to intervene in another officer’s unlwaful act. The Court also held that it did not have jurisdiction to hear an appeal from the denial of summary judgment on a state law claim, and summarized well its jurisprudence on what constitutes a clearly established right. Generally, the Court returned an opinion favorable to the plaintiffs.
