Judge urges tossing most of cop’s suit

SCRANTON – A federal magistrate judge has recommended dismissal of nearly all the counts in an age discrimination lawsuit filed by a police officer who was charged Monday with stealing from a drug education program.

Joseph Campbell, a police officer with West Pittston, filed suit against the borough and council members last year, alleging they passed him over for the police chief’s position because of his age and to retaliate against him for a previous lawsuit he filed against the borough.

Campbell, 47, of Wyoming, was charged Monday with five counts of theft. Police say Campbell received $20,149 from the DARE (Drug Abuse Resistance Education) program for classes he claimed to have taught at the Wyoming Area High School and middle schools from 2002-2008. In reality he never taught the classes, police said.

Campbell’s lawsuit, filed in federal court in February 2009, alleged he was passed over for promotion as police chief in favor of another person who was younger and less qualified. The suit further alleged Campbell was denied the promotion because council was angry that he successfully sued the borough in 2006.

The 2006 suit alleged Campbell was fired by members of council, who no longer sit on the board, in 2005 for political reasons. He was later rehired. The case was settled in 2008 for $80,000, according to attorney John Dean, who represented the borough.

The latest lawsuit stems from council’s decision in 2008 to appoint Paul Porfirio, who is younger than Campbell, as police chief. The suit sought damages on several counts, including violation of Campbell’s First Amendment right to free speech, right to due process, right to be free from unlawful search and seizure and right to counsel.

Dean, who also represents the borough in the latest suit, filed a motion seeking to dismiss the suit. Dean argued that most of the counts contained in the suit were inapplicable to the circumstances in Campbell’s case.

U.S. District Magistrate Judge Martin Carlson agreed. In an opinion filed Jan. 29, Carlson said Campbell’s claims regarding unlawful seizure and right to counsel, “simply have no application in an employment discrimination lawsuit.”

Carlson also recommended dismissal of the due process count, saying Campbell was precluded from raising the claim because he failed to first avail himself to a grievance procedure within the police department.

Carlson said the First Amendment claim should be permitted to stand at this point because there was not sufficient evidence presented for Carlson to make a determination on the issue.

Dean said Friday the borough realized that and did not seek to dismiss that count at this juncture. He said a motion will be filed later after testimony is taken regarding the matter.

Dean said Campbell’s arrest will impact the latest case because it goes to his credibility.

Campbell’s attorney, Peter Loftus, will have an opportunity to respond to Carlson’s recommendation, which will then be forwarded to a federal judge for a final ruling.

Clear 38°

News

Joseph Campbell had sued West Pittston and its borough council, alleging age bias.

Place Quick Ads