Mark J. Kozlowski

As a member of the Professional Liability Department, Mark focuses his practice on civil rights, constitutional law and municipal liability.

Mark received his juris doctor from Michigan State University College of Law in 2010. While in law school, he served as editor-in-chief of the Journal of International Law and as an associate editor of Res Ipsa Loquitor, the College of Law's newspaper. Mark was a member of the Student Bar Association and spoke on several panels at the National Conference of Law Reviews relating to successful management of law reviews, budget considerations and leadership. He also interned for the Lackawanna County District Attorney's Office.

Following law school, Mark served as a law clerk for the Honorable Edwin M. Kosik of the United States District Court for the Middle District of Pennsylvania. Following his clerkship, Mark began his private legal career with a general civil practice firm in Maryland.

Mark received his Bachelor of Science degree from Kutztown University of Pennsylvania in business administration and majored in marketing and business management. He also completed a minor in political science. While completing his undergraduate degree at Kutztown University, Mark served as president of the Recreational and Sports Club Council and spent four seasons as a defensive player with the lacrosse team.

Honors & awards

Pennsylvania Super Lawyers Rising Star
2019

Year joined

2012

Results

Successful representation of a school district faced with a Pennsylvania Sunshine Act Claim

School Leaders Liability
December 30, 2019

The plaintiff, a suspended high school principal, claimed that the Pennsylvania Sunshine Act had been violated when the doors to the administration building had been locked at the start of the first day of her termination hearing. The court considered the issues of whether a plaintiff is denied a right under the Pennsylvania School Code when access to the hearing room by the public is barred, and whether a public hearing qualifies as “official action” within the meaning of the Sunshine Act.

Summary Judgment for Town and Its Police Officers.

Public Entity and Civil Rights Litigation
April 11, 2019

We obtained summary judgment in favor of a town and several of its police officers in an excessive force and malicious prosecution case in the U.S. District Court for the Middle District of Pennsylvania. The plaintiff and his family were in Bloomsburg the night before his daughter’s graduation when he got into a fist fight with a bar owner. The owner suffered significant injuries and the plaintiff fled the scene. He was spotted a short time later by one of the defendant officers, pursued and arrested.

Obtained Dismissal of Local Planning Commission Based Upon Application of the Pennsylvania Political Subdivision Tort Claims Act

Public Entity and Civil Rights Litigation
December 1, 2017

Our client, a local planning commission, was sued for allegedly taking too long to approve a zoning permit for the establishment of a restaurant. The plaintiffs filed a single-count complaint, seeking damages for willful and intentional conduct on the part of the commission. Following the close of the pleadings, a motion for judgment on the pleadings was filed. The Lackawanna County judge granted the motion, finding the commission was entitled to judgment as a matter of law because the plaintiffs only asserted intentional conduct, not negligence.

Obtained Summary Judgment on Behalf of a Police Officer in a Civil Rights Action

Public Entity and Civil Rights Litigation
May 11, 2017

The plaintiff had complained to the police about her ex-husband violating a protection from abuse order. After investigating, the police determined that no PFA was in effect, and they arrested the plaintiff instead of her former husband and charged her with: (1) tampering with public records or information; (2) false reports to law enforcement authorities; and (3) unsworn falsification to authorities. Following a preliminary hearing, the court dismissed the charges against the plaintiff.

Summary Judgment for Police Department and Police Officer Accused of Using Excessive Force

Public Entity and Civil Rights Litigation
May 11, 2017

The plaintiff was detained by police following reports of an individual with a gun riding an ATV near an old amusement park. The plaintiff appeared to be fleeing police on his ATV when he turned into a parking lot. After dismounting the ATV, the plaintiff was placed on the ground and handcuffed. A firearm was then discovered. After a brief investigation, it was determined that the plaintiff was not the individual sought by police. Although he was initially cited, the charges against him were withdrawn.

Thought Leadership

Legal Updates for Pennsylvania Municipal Law - September 2019

Scranton
Public Entity and Civil Rights Litigation
September 1, 2019
Supreme Court of Pennsylvania Overturns City’s Attempt to Collect “Maintenance Fee” from Public Utility The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.

Third Circuit Reaffirms Ripeness Doctrine in Civil Rights Claim and Need to Exhaust State Remedies Before Pursuing a Fifth Amendment Takings Claim

Scranton
Public Entity and Civil Rights Litigation
September 1, 2017
Defense Digest, Vol. 23, No. 3, September 2017By Mark J. Kozlowski, Esq.*Key Points: Defense Digest, Vol. 23, No. 3, September 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

Continued expansion of corporate liability and punitive damages against managing entities of nursing homes.

Health Care Liability
January 11, 2013
A jury awarded compensatory damages for injuries the deceased suffered as a result of neglect while a resident at the Philadelphia Nursing Home, which was operated by Episcopal Long Term Care. Case Law Alert - 1st Quarter 2013

Classes/Seminars Taught

Essential Handbook Must-Haves and Updates , National Business Institute, October 18, 2017

Workplace Behavior and Privacy Issues, Human Resource Law: What You Need to Know Now, National Business Institute, December 2016

Hiring/Recruiting, Human Resource Law: What You Need to Know Now, National Business Institute, December 2016

Employment Law: Rights, Benefits, and Emerging Issues, Sterling Education Services, August 2, 2016

Employment Law: Beyond the Basics, Sterling Education Services, August 4, 2015