Geness v. Cox

In 2006, Geness lived at McVey's Uniontown Pennsylvania assisted living facility for intellectually disabled people. Another resident, Fiffik, fell from the porch, sustaining serious injuries. Fiffik was discharged from the hospital that day but returned that evening. His condition deteriorated, resulting in his death weeks later. Three contemporaneous records from the day of the incident indicated that Fiffik merely fell in an accident. Despite these reports by Fiffik and his wife, once Fiffik was on life support, his daughter reported that her father might have been shoved. Officer Cox conducted a one-day investigation, speaking to Fiffik’s daughter, hospital personnel, and McVey. With a possible lawsuit looming, McVey reported for the first time that immediately before Fiffik’s fall he heard Geness scream “shut up” and then saw Geness walk quickly to his bedroom. Cox reported that after Geness signed a Miranda waiver, he provided a confession closely tracking McVey’s account. Geness was charged with murder. Cox claims he subsequently did not have an active role in the prosecution. Between Fayette County Prison and a locked-down mental institution, Geness remained incarcerated for nine years without further investigation, a habeas hearing, or a trial. Charges were eventually dropped. Geness sued, claiming reckless investigation, false arrest, false imprisonment, and malicious prosecution, 42 U.S.C. 1983, due process violations, and violation of the Americans with Disabilities Act, 42 U.S.C 12131. The Third Circuit affirmed the dismissal of several section 1983 claims as time-barred, but reversed for Geness to amend his complaint and for reinstitution of his due process and ADA claims against the Commonwealth. View "Geness v. Cox" on Justia Law