On October 6, 1977, the Attorney General of Pennsylvania filed suit in U.S. District Court for the Western District of Pennsylvania pursuant to 42 U.S.C. § 1983, seeking injunctive relief prohibiting defendants, a police officer and local officials of the Borough of Millvale from violating the constitutional rights of the residents of Millvale. The complaint alleged that Millvale police officer Baranyai engaged in an extended pattern of beating citizens, false arrest, unconstitutional detention, harassment and intimidation. It further alleged that Baranyai's misconduct was condoned and ratified by the Millvale chief of police, mayor and borough council. The complaint was amended to join four individual plaintiffs and to seek class action relief. The District Court (Judge William W. Knox) denied class certification and the matter proceeded to trial in April 1979.

A non-jury trial on the matter lasted 14 days, with 61 witnesses testifying. The District Court made extensive findings of fact and ruled in favor of plaintiffs against all defendants. Of particular note was evidence presented that defendant Baranyai had been convicted of criminal assault and malfeasance in office, stemming from one of the many alleged incidents of misconduct, yet the police chief failed to take any disciplinary action whatsoever. Likewise, the borough council failed to take any action following the conviction and the Attorney General's lawsuit. The District Court issued a permanent injunction against all defendants prohibiting them from participating in or encouraging future civil rights violations. Commonwealth of Pa., 480 F.Supp. 686 (W.D. Pa. 1979). The defendants appealed.

The Appellate Court affirmed in part and reversed in part, holding that the grant of injunctive relief was not overbroad and was warranted against the defendant officer, the police chief and the mayor, but not against the borough council. Commonwealth of Pa. v. Porter, 659 F.2d 306 (3rd Cir. 1981), cert. denied, 458 U.S. 1121 (1982).

Dan Dalton - 01/06/2007


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