About Claire Murtha

Claire Murtha is an associate in Margolis Edelstein’s Harrisburg office, where she focuses on general liability, civil rights, and first-party litigation in state and federal courts. She has successfully defended municipalities, public officials, and local governments in complex, multi-party civil rights actions, as well as individuals and corporate entities in personal injury and premises liability matters, including cases involving fatal accidents and catastrophic injuries.

Claire has significant experience defending civil rights claims arising under the First Amendment, Fourth Amendment, and Equal Protection Clause. She has played a key role in securing dismissals and summary judgment in cases challenging police encounters, arrests, and municipal regulatory actions. Her work includes obtaining dismissal with prejudice of federal constitutional claims arising from a school mask policy dispute and related police directive, where the court adopted her First and Fourth Amendment analysis. She has also successfully defended municipalities against claims of false arrest, malicious prosecution, retaliation, and municipal liability by defeating federal constitutional theories and later securing dismissal of state law claims based on procedural defects and statutory immunity. In addition, Claire has contributed to appellate-affirmed victories upholding municipal authority to enact and enforce content-neutral ordinances, including zoning and parking regulations challenged on constitutional grounds.

Prior to joining Margolis Edelstein, Claire interned with the Honorable Jennifer P. Wilson of the United States District Court for the Middle District of Pennsylvania, the Pennsylvania Office of the Attorney General, and the Dauphin County District Attorney’s Office. While in law school, she served as Editor-in-Chief of the Dickinson Law Review and was awarded the CALI Award for Excellence in Torts, Constitutional Law, Legal Writing, Evidence, and Family Law. Claire is licensed to practice law in Pennsylvania.

News & Case Results

Summary Judgment Granted in 7-Figure UIM Bicycle Accident Case

Claire Murtha Secures Dismissal of State Law Claims Against Arresting Officer And Township Dismissed Based upon Improper Transfer and Municipal Immunity

Rolf Kroll and Claire Murtha Secure Third Circuit Ruling Protecting Municipality’s Right to Keep Public Parking Public

Dismissal with Prejudice in Dog Bite Case with Permanent Injuries Involving Minor in Dauphin County, PA

Rolf Kroll & Claire Murtha Secure Dismissal of Fourth Amendment Claim Convincing Court that A Police Encounter and Direction to Disburse Does Not Violate the Constitution

 

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Services

Areas of Law

  • Products Liability
  • Professional Liability
  • Other 4
    • Automobile & Trucking
    • General Liability
    • Insurance Coverage & Bad Faith
    • Public Entity & Civil Rights

Practice Details

  • Video Calls
    Offers Video Calls
    Video Call Options
    Zoom
  • Firm Information
    Position
    Associate
    Firm Name
    Margolis Edelstein
  • Representative Cases & Transactions
    Cases
    Representative Matters: Neiman v. West Reading Borough - In this Civil Rights action, the plaintiff alleged First
    Fourth Amendment violations arising from a school mask policy dispute
    a subsequent police encounter on school property. After the plaintiff refused to comply with a school district's COVID-era mask requirement
    was later directed by police to leave a school playground, he claimed the brief interaction constituted an unlawful seizure
    infringement on his constitutional rights. Rolf Kroll
    Claire Murtha moved to dismiss, successfully arguing that a short, non-coercive police directive to disperse did not amount to a Fourth Amendment seizure
    did not implicate protected First Amendment activity. The court adopted Attorney Murtha's analysis
    dismissed all federal claims with prejudice.
    Saterstad v. Derry Township - In this Civil Rights action, the plaintiff asserted federal
    state law claims for false arrest, malicious prosecution, selective enforcement, retaliation, municipal liability,
    witness tampering after being arrested, h
    cuffed,
    transported for processing on theft charges that were later dismissed. Rolf Kroll successfully argued that the temporary liberty restrictions associated with arrest
    booking were insufficient to establish a Fourth Amendment seizure, defeating the plaintiff's federal constitutional claims. After the federal court relinquished jurisdiction, Claire Murtha moved to dismiss the remaining state law claims, demonstrating that the plaintiff failed to properly transfer the claims
    that the Township was entitled to absolute immunity under the Political Subdivision Tort Claims Act. The court agreed
    dismissed all remaining claims, entering judgment in favor of the defendants.
    Atiyeh v. Gettysburg Borough - In this Civil Rights action, a group of Gettysburg business owners challenged amendments to a municipal parking ordinance, alleging violations of Equal Protection, substantive due process,
    the First Amendment,
    claiming the Borough acted selectively
    in retaliation for the plaintiffs' prior success in a zoning enforcement dispute. Rolf Kroll successfully obtained dismissal of the Equal Protection
    substantive due process claims by demonstrating that the ordinance drew rational distinctions between hotels
    other businesses based on differing parking needs
    was rationally related to legitimate municipal interests. On the First Amendment retaliation claim, Rolf Kroll
    Claire Murtha later secured summary judgment by establishing that the plaintiffs failed to produce evidence showing retaliatory animus was a motivating factor for any Borough Council member. On April 8, 2025, the Third Circuit affirmed, upholding the Borough's authority to regulate public parking
    rejecting all constitutional claims.
  • Additional Links

Experience

  • Bar Admission & Memberships
    Admissions
    2022, Pennsylvania
    United States District Court, Middle District of PA
    Memberships

    Professional Affiliations

    •American Bar Association
    •Dauphin County Bar Association
    •Pennsylvania Defense Institute

  • Education & Certifications
    Law School
    Penn State, Dickinson School of Law
    J.D.
    magna cum laude
    Other Education
    Arcadia University
    B.A.
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Attorneys FAQs

  • What year was this attorney first admitted to the bar?
    Claire Murtha was admitted in 2022 to the State of Pennsylvania.
  • How many attorneys are in this law firm?
    Margolis Edelstein has 120 attorneys at this location.
  • What law school did this attorney attend?
    Claire Murtha attended Penn State, Dickinson School of Law.
  • Is this attorney listed in the Bar Register of Preeminent Lawyers?
    Claire Murtha is listed in the Civil Trial Practice, Environmental Law and Insurance Defense section of the Bar Register of Preeminent Lawyers.