Gov. Shapiro can’t be sued by his Abington neighbors over a property dispute, judge rules. But Josh Shapiro, a homeowner, can.
A Philadelphia federal judge dismissed claims against Gov. Josh Shapiro in his official capacity, but allowed his Abington neighbors to pursue their federal lawsuit against Shapiro as an individual.
A federal judge had some good news this week for Josh Shapiro, governor of Pennsylvania, but not so much for Josh Shapiro, resident of Montgomery County.
Shapiro, as governor, cannot be sued in his official capacity in a dispute over a strip of yard between his and his Abington Township neighbors’ adjoining properties, U.S. District Judge Harvey Bartle III ruled Tuesday.
But Shapiro and his wife, Lori, will still have to face their neighbors in federal court as homeowners, Bartle also determined.
» READ MORE: A security fence has sparked dueling lawsuits between Gov. Josh Shapiro and his Abington neighbors
The conflict came into public view in February, when Jeremy and Simone Mock, whose backyard abuts the Shapiros’ lawn in a tree-lined neighborhood near Pennsylvania State University’s Abington campus, sued Shapiro — both as governor and in his individual capacity — and George Bivens, acting Pennsylvania State Police commissioner. The lawsuit alleged the officials were illegally occupying part of the Mocks’ yard to build an eight-foot security fence last summer in what they claimed was an “outrageous abuse of power” that violated their constitutional rights. Bartle dismissed those claims in his ruling Tuesday, in what Shapiro’s administration called a major win.
But while Shapiro and Bivens are immune from the federal lawsuit as state officials, Shapiro as an individual and his wife are not, Bartle’s opinion said.
“We are pleased that the court has dismissed the claims against the office of the governor and the Pennsylvania State Police, and recognize that the allegations against these officials are without merit,” said Rosie Lapowsky, a spokesperson for Shapiro. “The Shapiros are confident that the facts will ultimately show that the Mocks’ remaining claims are meritless and politically motivated and will fail.”
The dispute in federal court over the 2,900-square-foot strip of land disrupted the otherwise sleepy suburban neighborhood and led to a separate lawsuit in Montgomery County Court filed by the Shapiros, in their personal capacities, against the Mock family. Shapiro’s office has called the Mocks’ legal effort a political stunt, in addition to other efforts by Republican officials to scrutinize the safety measures state police say are needed to keep Shapiro and his family safe.
The dueling lawsuits came in the wake of the attempted murder of Shapiro in April 2025 at the state-owned governor’s residence in Harrisburg, when a man firebombed the mansion on the first night of Passover while the governor and his extended family slept inside.
The attack prompted more than $33 million in security upgrades to the state-owned governor’s residence, in addition to $1 million in upgrades and landscaping to Shapiro’s personal home in Abington Township, where he and his family live part-time.
But the Mocks’ attorney, Wally Zimolong, said the lawsuit at hand is about property rights and due process, and called Bartle’s ruling a “strong decision.”
“Make no mistake about it,” Zimolong said, “a federal court has said that the sitting governor of Pennsylvania can be held liable for damages over constitutional violations.”
The Delaware County lawyer who has represented high-profile Republican officials and candidates, including President Donald Trump, said it is “nonsense” to call the litigation political. Zimolong added that he hopes the Shapiros reconsider and attempt to resolve the case amicably.
The conflict’s origins
The dispute between the Shapiros and Mocks began last summer when, as part of a plan to build a security fence at the Abington house, a surveyor learned that a sliver of yard that the Shapiros had used for over two decades was actually on property belonging to the Mocks.
After the Mocks rejected the Shapiros’ offer to buy the land, court fillings said, Pennsylvania’s first couple invoked a state law that allows a person to gain ownership of a property they have actively used for at least 21 years. The Shapiros have lived in their Montgomery County home for 23 years.
“What followed was an outrageous abuse of power by the sitting Governor of Pennsylvania and its former Attorney General,” the Mocks’ February lawsuit said.
A security fence was purchased but never installed, SpotlightPA reported. Instead, contractors hired by the state began planting arborvitae-type trees and other plants on the Mocks’ property. State police also flew drones over the Mocks’ property, threatened to remove healthy trees, and chased away contractors, the Mocks alleged in the suit.
The complaint also accused Shapiro of directing state police to patrol the property, and instructing the Mocks to leave the “security zone.”
The Shapiros’ countersuit in Montgomery County asks a judge to find that they are the “legal and equitable owners” of the area in dispute, having tended to the land that borders their front yard for 23 years. That suit is pending and a judge is expected to rule on preliminary objections filed by Zimolong.
Separately, the Shapiros and state attorneys filed motions asking Bartle to dismiss the federal complaint against them.
This week, the judge partially obliged, finding the state officials to be immune from the lawsuit while allowing the case against the Shapiros to proceed.
The judge also refused to freeze the federal case while the lawsuit in Montgomery County plays out, determining that the two cases are different enough to proceed.
“The claims here extend far beyond a disagreement between neighbors over the metes and boundaries of their properties,” Bartle wrote.
