Investigates

City of Pittsburgh not liable for off-duty cop beating teen after Halloween prank, judge rules

PITTSBURGH — A judge has denied the claims that the city of Pittsburgh should be held liable for an off-duty police officer’s actions that led to a teen being beaten and bruised following a Halloween prank.

Initially after it happened, the city was found liable for 16-year-old Shane McGuire’s injuries. He was chased down by off-duty Officer Colby Neidig after McGuire rang his doorbell during a Halloween prank in 2012.

A federal jury found Neidig used excessive force and ruled he was operating under the color of law. They awarded McGuire, who is now serving in the U.S. Navy, more than $125,000.

But the city has refused to pay that money, claiming Neidig was not on duty at the time and never identified himself as a cop.

McGuire filed a civil lawsuit to force the city to pay, but the judge denied his claim. He said, in part:

"The City of Pittsburgh Police Department has a minimal-to-non-existent interest in curbing a sole Halloween prank. Neidig was off on his own lark in this case," said Judge Michael Della Vecchia.

McGuire’s attorneys told Channel 11 they plan to appeal the judge’s ruling in commonwealth court.

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