The Litigation Group consists of six units.
Civil Rights Unit
The Civil Rights Unit (CRU) defends all lawsuits filed against the City and its employees in which it is alleged that an individual’s constitutionally-protected rights have been violated. Most of these cases are filed in federal court under the Civil Rights Act, 42 U.S.C 1983. Many of the cases involve Fourth Amendment claims brought against the Philadelphia Police Department, and Eighth Amendment claims asserted against the Philadelphia Prison System. CRU also represents the Department of Human Services when constitutional violations are alleged to arise out of DHS’ child welfare cases.
CRU provides legal advice to City departments on issues with potential civil rights implications and counsels City departments on policy issues. CRU also assists in ensuring training is properly conducted and that City personnel in all departments are aware of the constitutional limits of their authority.
Code & Public Nuisance Litigation Unit
The Code & Public Nuisance Litigation Unit represents the City of Philadelphia in matters that directly protect the lives, health, and safety of Philadelphia’s citizens and visitors. Unit attorneys represent the Department of Licenses and Inspections, Department of Public Health, Philadelphia Historical Commission, Fire Department, Fair Housing Commission, and other City departments in a broad spectrum of enforcement matters before the Philadelphia Court of Common Pleas, the Philadelphia Municipal Court, the U.S. District Court for the Eastern District of Pennsylvania, Commonwealth Court, and several administrative boards including the Board of Licenses and Inspection Review, Zoning Board of Adjustment, and Tax Review Board.
Through an array of enforcement tools, the unit’s attorneys ensure that individuals and businesses meet all licensing, permit, and other regulatory requirements under Title 4 (Building Construction and Occupancy Code), Title 6 (Health Code), Title 9 (Regulation of Business, Trades, and Professions), Title 10 (Regulation of Individual Conduct and Activity), and Title 14 (Zoning and Planning) of the Philadelphia Code. Attorneys in the Code Enforcement Unit file lawsuits against property owners and businesses who maintain dangerous, hazardous, and unsafe businesses and properties which threaten the public health and safety, and decrease property values in the community. Through the courts, the unit aggressively pursues fines, re-inspection fees, and injunctive relief. In addition to proactively filing lawsuits against non-Code complaint property owners and businesses, unit attorneys defend the City’s actions before various administrative boards and litigate any local agency appeals before the Philadelphia Court of Common Pleas.
Leadership
Labor & Employment Unit
The Labor & Employment Unit provides counsel to the City on the many employment issues affecting the City’s large and diverse workforce. Lawyers in the unit represent the City and its departments in federal and state courts in discrimination lawsuits under Title VII and other pertinent federal and state statutes and local ordinances, such as the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Fair Practices Ordinance. Unit lawyers represent the City in the agency proceedings that precede the lawsuits. In addition, the unit handles suits against the City before the Civil Service Commission and in grievance arbitrations by unions. Unit lawyers represent the City as well as at the Pennsylvania Labor Relations Board against union unfair labor practices and other labor matters. An important aspect of the unit’s practice is counseling the City’s human resources professionals and others in matters involving the Fair Labor Standards Act, the Pregnancy Discrimination Act, Family Medical Leave Act, and the ADA, among others.
Leadership
Tort Litigation Unit
The Tort Litigation Unit defends City agencies and employees in civil tort litigation. These claims include motor vehicle accidents from police pursuits, property damage due to water main breaks or City-authorized demolitions, and personal injury claims related to City streets, sidewalks, and real property. The unit works closely with civil and traffic engineers as well as medical experts to investigate and defend these claims. The unit’s staff ensures that legitimate claims are settled at as low a cost as possible and claims lacking merit are vigorously defended at trial or arbitration. The unit aggressively seeks defense and indemnification from insurance carriers based upon contractual obligations owed to the City. The unit also engages in affirmative litigation to recover judgments the City procures against co-defendants.
Leadership
Affirmative & Special Litigation Unit
Affirmative & Special Litigation attorneys represent the City in affirmative public policy litigation. They represent the City (and its officers when sued in their official capacity) in civil actions involving claims arising out of or relating to contracts for procurement of goods and services, contracts for performance of construction and similar public works, other City commercial transactions, and eminent domain. They also typically defend the City or its officers against actions involving claims arising out of real property title or document recording disputes, and represent the City and its officers and employees in connection with subpoenas served on them as non-party witnesses or records custodians in civil commercial actions. Unit attorneys also represent the City in complex civil cases involving City legislation or City powers.
Appeals Unit
The Appeals Unit handles appellate matters in both state and federal courts including civil rights cases, labor and employment matters, tort claims, and contractual disputes. In addition, the unit handles administrative agency appeals concerning tax, pension, Civil Service Commission decisions, and land use matters.
The unit also handles challenges to the legality of City ordinances. It files amicus briefs on behalf of the City and coordinates the City’s participation in amicus briefs prepared by other entities. Within the Law Department, the unit advises trial attorneys in other litigation departments on significant legal issues that arise at the trial and pre-trial level.
