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November 20, 2009

UPDATE:Attorney calls ruling rightly clears county

Attorney Jack Dean Calld Judge Richard Caputo's ruling in civil suits regarding the juvenile justice scandal a "well reasoned, detailed opinion  on why (Luzerne) County is not liable" for actions of two disgraced county judges. "The judges are state actors," Dean said.

Dean said Caputo's ruling specifically held the re is no liabiliyt against the ocunty. "The judge was absolutely right," he added. "The judges are state actors, they are under the Pennsylvania Constitution, not Luzerne County.'

The ruling is a motion to amend, barring the plaintiffs to add the county to the suit, not a motion to dismiss, Dean said. "Technically the County is still a defendant, but in name only."

"The county is a victim as well in this case," Dean said. "The taxpayers of the county are victims, and this doesn't allow the county to be re-victimized."

Posted 3:44

Attorney Michael Cefalo said rulings by Judge Richard Caputo effectively deny immunity to "co-conspirators" in a lawsuit regarding the juvenile justice scandal, meaning county officials and others involved are still subject to the lawsuit. Cefalo also said that while Caputo supported the immunity of two ex-judges Mark Ciavarella and Michael Conahan, that immunity only applies to actions on the bench.

The ruling appears to mean that Ciavarella will be largely immune, as much of the initial lawsuit involved his actions on the bench during juvenile hearings. Cefalo said Conahan may still be liable for other actions he took out of the court, particularly closing the County juvenile detention center and signing a secret deal to assure a minimum payment to a private detention center at the heart of the issue.

 








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