In McGuire v. City of Pittsburgh, McGuire appealed the trial court’s order denying his Motion for Post-Trial Relief. The Pennsylvania Commonwealth Court affirmed. The Court ruled that the trial court was not collaterally estopped from concluding that Neidig was not acting within the scope of his duties as a City police officer, thus precluding indemnification. Citing federal caselaw, the Court concluded that a prior determination in a related federal court action that Neidig acted under color of law did not dictate that Neidig acted within the scope of his employment. The Court also disagreed with McGuire’s arguments about evidentiary issues and the jury charge.
