Jurisdiction is federal question.
The complaint filed on behalf of plaintiff Harry Faust, Jr. is against police officers J. Adam Powell and Glenn Patrick McPhearson, Middletown Township, and Middletown Township Police Department. The familiar rule is that a municipality is not subject to 1983 liability unless the tort in question was, in effect, the act of that entity. Proof may consist of the municipality's policies, practices, customs, regulations or enactments. The conduct of a policymaker may itself be actionable. Respondeat superior is not applicable, but the acquiescence of a supervisor may be enough if it imports agreement or concurrence.