O'Brien Coleman & Wright, LLC

02/25/2022

OCW attorney Maggie Coleman recently appeared on KDKA to discuss the City of Pittsburgh's excessive use of SWAT to serve routine warrants.

The Pittsburgh SWAT team is an elite force with special training and skills called in to help with the most dangerous police calls, but some are questioning if they're called in too much.

02/25/2022

OCW FILES SUIT ON BEHALF OF MAN WRONGFULLY IMPRISONED FOR MURDER.

This week OCW attorney Alec Wright filed a federal lawsuit against an Allegheny County deputy district attorney and two former City of Pittsburgh homicide detectives. The suit alleges that these defendants fabricated evidence and orchestrated the use of false testimony from a jailhouse informant, leading to Daniel Carnivale’s 2007 wrongful conviction for second-degree murder. The suit also alleges that they withheld evidence that would have proven Mr. Carnivale’s innocence. Mr. Carnivale was imprisoned for thirteen years before the Pennsylvania Innocence Project secured his release in March of 2020.

A man who said he spent nearly 14 years wrongfully imprisoned for a fire that killed three people in Pittsburgh’s Bloomfield neighborhood is suing the prosecutor and two police officers who led the investigation. Daniel Carnevale, 58, filed the federal lawsuit alleging malicious prosecution, f...

01/25/2022

OCW WINS $821,835 FOR FIRED TRUCK DRIVER

On January 19, 2022, a jury in the Middle District of Pennsylvania awarded OCW client Susan Bowersox $821,835 in combined economic, compensatory and punitive damages against the Pennsylvania Department of Corrections and two of its employees. The DOC will also be responsible for paying Ms. Bowersox attorneys’ fees and costs, which will bring the total award to over $1,000,000.

The jury found that Correctional Industries (a bureau of the DOC) discriminated against Ms. Bowersox because of her s*x when it terminated her employment as a truck driver in 2016. Ms.
Bowersox is the only female truck driver Correctional Industries has ever employed. Despite extensive experience and an impressive resume, including over 20 years of military service, Ms. Bowersox was rejected multiple times for the position. When DOC management forced Correctional Industries to hire her, Defendant Mathew Vozniak began “papering” her file with reports of poor job performance during her first week on the job. On her tenth day, the Director of Correctional Industries, Anthony Miller, ordered Vozniak to provide him with a daily report on her performance. After men at every level of Correctional Industries management attempted to
terminate her numerous times, they finally succeeded just days before the end of her one-year probationary period.

According to lead trial counsel Maggie Coleman, “The jury sent a clear message to the managers at Correctional Industries, and anyone who tries to shut women out of the workplace. We are no
longer living in the 1950s. This behavior will not be tolerated.” Ms. Bowersox stated, “My experience with Correctional Industries was stressful and embarrassing. I wanted to make sure that this didn’t happen to the next woman who works there.” Attorneys Maggie Coleman and Alec Wright handled the trial, which took place in Harrisburg, Pennsylvania before Judge Jennifer Wilson.

11/19/2021

We are pleased to report that the Pennsylvania Supreme Court has agreed to hear our appeal in the case of McGuire v. City of Pittsburgh. The Court’s opinion should clarify whether municipalities must compensate injured victims when their police officers use excessive force. You can read about the case and the appeal below.

The state Supreme Court this week announced it would take on the case of a man who seeks payment from the City of Pittsburgh after an off-duty police officer...

05/12/2021

This week O'Brien Law Attorney Maggie Coleman spoke with WESA's Chris Potter about Pittsburgh's ballot measure banning "no-knock warrants."

Supporters say if the measure is passed, it could change not just police behavior, but the relationship between cops and the community they serve.

03/04/2021

O'BRIEN LAW OBTAINS SWEEPING THIRD CIRCUIT RULING FOR DISABLED JOB APPLICANTS

O'Brien Law has secured a broad appellate court ruling in favor of job applicants with disabilities. The decision holds that employers may not use entrance examinations to discriminate against employees who they believe are disabled. The case involves Christoper Gibbs, a decorated Marine veteran and experienced law enforcement officer. The City of Pittsburgh initially offered him a position as a police officer but withdrew the offer after its psychologists would not certify him because of his Attention Deficit Hyperactivity Disorder diagnosis. Mr. Gibbs’ ADHD is under control and he has no history of behavioral problems in the Marines or in any other law enforcement position. District Court Judge Joy Flowers Conti found that the City had not violated federal anti-discrimination laws and dismissed the case. Mr. Gibbs appealed her decision to the Third Circuit.

In an opinion written by newly appointed Judge Stephanos Bibas, the Third Circuit reversed Judge Conti’s decision. The Court explained that if Mr. Gibbs is qualified to be a Pittsburgh police officer, the City cannot deny him a position because it incorrectly believes he has a disqualifying mental impairment. The Third Circuit rejected the City’s argument that it cannot legally hire Mr. Gibbs because state law requires a psychologists’ certification. The court explained that the Constitution’s Supremacy Clause prevents an employer from avoiding federal anti-discrimination laws by pointing to a state law requirement.

The Court’s opinion is precedential. Precedential opinions must be followed by all federal courts in the Third Circuit and are highly persuasive in other circuit courts. The Third Circuit consists of Pennsylvania, Delaware, New Jersey and the Virgin Islands.

The case will be sent back to the District Court in Pittsburgh for further proceedings.

A link to the opinion is posted below:

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02/25/2021

O'BRIEN LAW ATTORNEY MAGGIE COLEMAN ELECTED TO ACADEMY OF TRIAL LAWYERS

O’Brien Law is pleased to announce that Attorney Maggie Coleman has been selected for membership in the prestigious Academy of Trial Lawyers of Allegheny County. The Academy began in 1959 as an organization to promote the highest standards of integrity, civility, and competence in the legal profession. Members of the Academy represent the most exceptional civil trial lawyers in Allegheny County. You can read more about the Academy and its members at the link below.

Members of the Academy represent the most exceptional civil trial lawyers in Allegheny County.

02/24/2021

O'BRIEN LAW SUES OVER VIOLENT, RACIST ARREST AND COVER-UP

O'Brien Law attorney Alec Wright has filed suit against the Racoon Township Police Department and the Pennsylvania State Police on behalf of Emmitt Willis. Last month, a Racoon Township police officer stopped Mr. Willis while he was delivering groceries. The officer pulled up beside Mr. Willis while he was driving and pointed a handgun at him. When Mr. Willis pulled over, the officer forcibly removed him from his car, punched him several times and repeatedly called him a racial slur. At one point the officer discharged his gun into the ground next to Mr. Willis and then pocketed the cartridge. Pennsylvania State Troopers later tried to help cover up the incident by taking Mr. Willis into custody and subjecting him to a blood alcohol test. The troopers release him without filing charges.

The lawsuit claims Mr. Willis was the victim of excessive force, false arrest, false imprisonment and civil conspiracy. He is seeking compensatory and punitive damages, as well as attorney fees and costs.

You can listen to Alec Wright and Mr. Willis discuss the case with Lynne Hayes-Freeland at the link below.

O’Brien Law Is Filing A Federal Lawsuit Against An Unknown Police Officer For The Raccoon Township Police Department (“RTPD”) In Connection With An Officer-Involved Shooting On January 3, 2021.

01/04/2021

Can your employer make getting the vaccine a requirement? Lynne Hayes Freeland talks with Attorney Timothy P. O'Brien.

Can Your Employer Make Getting The Vaccine A Requirement? Lynne Talks With Attorney Tim O'Brien To Find Out. 

10/21/2020

O'BRIEN LAW OBTAINS $393,000 FOR 12-YEAR-OLD INJURED IN CITY OF PITTSBURGH POLICE CHASE

Thanks to the efforts of O’Brien Law attorneys Alec Wright and Tim O’Brien, the City of Pittsburgh will pay nearly $400,000 to a girl who was seriously injured in a high-speed police chase. Police initiated the pursuit through crowded streets after the driver allegedly committed a minor traffic violation. Our client was one of five people injured when the car crashed.

In a separate case handled by our office, the City is expected to pay $250,000 for retaliating against a former officer who blew the whistle on waste, fraud, and abuse within the police department.

You can read more about both cases at the link below.

The city will pay one six-figure settlement involving a minor injured in a high-speed police chase, and will discuss another six-figure amount for an officer...