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ERICA L UPSHAW v NORTH BRADDOCK POLICE DEPT Click to find out why . . .



Keywords & Phrases
CaseNo: ELUVNBPD211394, CourtName: MISC 3, Plaintiff: ERICA L UPSHAW, State: PA Pennsylvania, UniqueCaseRef: LCD>ELUVNBPD211394, United States, Amendment, Constitution, Upshaw, Officer, Police, North Braddock, Officer Lockhart, First Amendment, Arrest, Pennsylvania, Police Department, Policy, Statute, Protected Speech, Prosecution, Pittsburgh, Driver, Car, Violation, Rights, Pursuant, Malicious Prosecution, Declaratory, Relief, Laws, Engaging , ContentID: 120252932

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 128731
8 pages
PDF
Total Documents: 1 document , 8 pages
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1 . COMPLAINT

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
SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • FOR THE WESTERN DISTRICT OF PENNSYLVANIA
  • §1983 and the First, Fourth and Fourteenth Amendments to the United States Constitution,
  • against the arresting officer and the North Braddock Police Department.
  • which is speech protected by the First Amendment.
  • Pursuant to this custom, policy
  • the defendant police officer falsely arrested and maliciously prosecuted plaintiff
  • requested declaratory relief pursuant to 28 U.S.C. §§ 2201 and 2202.
  • Upshaw was employed both as a professional bus driver for Monark
  • Student Transportation (servicing Pittsburgh Public Schools) and as a van driver & counselor
  • organized under the laws of Pennsylvania, with its main offices located at 600 Anderson
  • North Braddock, Allegheny County, Pennsylvania.
  • including but not limited to the United States Constitution.
  • passenger were engaging in any illegal activity.
  • over her car keys, which she did.
  • Upshaw that she was under arrest for disorderly conduct.
  • Officer Lockhart took
  • Pennsylvania's disorderly conduct statute, 18 Pa.C.S.
  • applied to the states by the Fourteenth Amendment, to be free from criminal prosecution
  • or to be retaliated against in any way for engaging in constitutionally protected speech;
  • Violation of her rights under the Fourth Amendment to the United States Constitution,
  • her Fourth Amendment right to be free from malicious prosecution, as that right is applied to
  • Enter a declaratory judgment that the defendants applied 18 Pa.C.S.
  •    |