Facts

On July 1, 2005, plaintiff Ken Collins, 40, was outside of his apartment where he lived with his mother, plaintiff Doris Crosley, 64, in Pittsburgh. Collins was standing with his neighbors outside of his apartment when officers Daniel Pratt and Wesley Bancroft approached and inquired what they were all doing. Crosley's 19-year-old grandson, Jelani Collins, arrived at the scene and began complaining that Bancroft was harassing his family. Bancroft tried to grab Collins, but he ran toward Crosley's apartment. The officers rushed after Collins and in the process managed to knock down Crosley who was standing outside of her apartment.

PLAINTIFF'S CONTENTIONS:
Crosley and Collins sued the city of Pittsburgh, Police Chief Aaron Baker and Officers Bancroft and Pratt. The plaintiffs alleged that officers seized them in violation of their Fourth Amendment rights. Collins alleged that the officers violated his First Amendment right to criticize police by threatening to arrest him, and Crosley alleged that the police battered her and used excessive force in knocking her down. Plaintiffs contended that the officers made a warrantless entry into Crosley's residence for chasing Collins.

DEFENDANTS' CONTENTIONS:
The defendants claimed that as they pulled on Collins sleeve, Crosley somehow fell down. They claimed that Crosley got up and walked back into her apartment. The defense also contended that both Crosley and Collins were interfering with legitimate police work. Injury to Crosley was simply due to a legal pursuit of Collins. At most, they contended, they were negligent in knocking Crosley over, and negligence does not arise to a civil rights violation.

Injuries

Crosley suffered from a tibial plateau fracture for which she underwent surgery. She had past medical expenses of $63,106.35; her future medical expenses include $100,000 for each future knee replacement surgery, plus $36,000 for medical monitoring.

Result

The defendants motion for summary judgment was granted in part. The judge found that even if the officers knocked Crosley over, this did not constitute seizure as a matter of law. However, other causes of action were allowed to proceed to trial. The parties reached a global settlement of $350,000 after the second of two settlement conferences.