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1
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COMPLAINT
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EXTRACTED KEY WORDS
AMENDMENT CONSTITUTION UPSHAW OFFICER POLICE NORTH BRADDOCK DEFENDANT OFFICER LOCKHART FIRST AMENDMENT ARREST COURT PENNSYLVANIA POLICE DEPARTMENT PLAINTIFF POLICY STATUTE PROTECTED SPEECH PROSECUTION PITTSBURGH DRIVER CAR VIOLATION RIGHTS PURSUANT MALICIOUS PROSECUTION DECLARATORY RELIEF LAWS ENGAGING |
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ERICA L. UPSHAW, an individual, )
) Civil Action No. ____________
)
Plaintiff, )
)
)
v. )
)
the NORTH BRADDOCK POLICE DEPARTMENT, )
a municipal corporation; and police officer )
JESSICA LOCKHART, in her individual capacity, )
)
Defendants )
________________________________________________)
COMPLAINT
I. Introduction
1. This is an action for declaratory judgment and money damages brought under 42 U.S.C.
§1983 and the First, Fourth and Fourteenth Amendments to the United States Constitution,
against the arresting officer and the North Braddock Police Department. Plaintiff alleges
the Police Department has a custom, pattern, practice or policy of authorizing its officers
illegally arrest people under Pennsylvania's disorderly conduct statute simply for using
profanity, which is speech protected by the First Amendment. Pursuant to this custom,
or practice, the defendant police officer falsely arrested and maliciously prosecuted
solely for using a profanity during a routine traffic stop.
II. Jurisdiction
1
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