Attorney files appeal, says city of Pittsburgh refusing to pay up for officer's excessive force

Attorney Timothy O'Brien filed an appeal Monday after he said the city of Pittsburgh has refused to pay the $75,000 a jury awarded his client for excessive force by a police officer.O'Brien said Shane McGuire was 16 years old in 2012 when then-officer Colby Neidig chased the teen and punched him. O'Brien said the boy had been smashing pumpkins near Neidig's home.Neidig, who is now a sergeant, was off duty at the time, but a jury found he was acting under the color of state law."Their contention that they don't have to pay because their officer was engaged in willful misconduct is not supported by the facts, because the truth is they never disciplined this officer and then they promoted him to sergeant," said O'Brien.The jury awarded McGuire the money in 2017. O'Brien said his client continues to fight for justice while overseas in the military."This is a man who is over there fighting for us, defending our constitutional rights, and he can't get justice for his constitutional rights at home, and it's not just the result of some individual but the result of the city of Pittsburgh's government making this decision," O'Brien said.Officials with the city said they do not comment on litigation.

Attorney Timothy O'Brien filed an appeal Monday after he said the city of Pittsburgh has refused to pay the $75,000 a jury awarded his client for excessive force by a police officer.

O'Brien said Shane McGuire was 16 years old in 2012 when then-officer Colby Neidig chased the teen and punched him. O'Brien said the boy had been smashing pumpkins near Neidig's home.


Neidig, who is now a sergeant, was off duty at the time, but a jury found he was acting under the color of state law.

"Their contention that they don't have to pay because their officer was engaged in willful misconduct is not supported by the facts, because the truth is they never disciplined this officer and then they promoted him to sergeant," said O'Brien.

The jury awarded McGuire the money in 2017. O'Brien said his client continues to fight for justice while overseas in the military.

"This is a man who is over there fighting for us, defending our constitutional rights, and he can't get justice for his constitutional rights at home, and it's not just the result of some individual but the result of the city of Pittsburgh's government making this decision," O'Brien said.

Officials with the city said they do not comment on litigation.

