Wilkes-Barre Mayor

November 2

Mayor must provide more asset details

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
Terrie Morgan-Besecker on Facebook   |   @TLTerrieMorgan on Twitter

SCRANTON – A federal judge on Friday denied a petition for contempt filed against Wilkes-Barre Mayor Tom Leighton but ordered him to provide more precise information regarding assets he holds.

U.S. District Judge Sylvia Rambo directed Leighton to provide various account numbers and to disclose the value of his pension, stocks, real estate and cars he owns to attorney Cynthia Pollick, who represents Denise Carey, who won a $67,000 judgment against Leighton and the city in 2008.

Pollick filed a motion for contempt on Thursday based on Leighton’s failure to fully disclose financial information she’s seeking. Pollick needs the information to prepare a writ of execution that will seek to seize Leighton’s assets to satisfy the judgment obtained by Carey.

Carey was awarded the money by a federal jury that determined Leighton had violated her civil rights when he sought to recoup attorney fees associated with her unsuccessful challenge of the closure of a city fire station. The panel awarded Carey $17,000 in compensatory damages, plus $50,000 in punitive damages against Leighton.

Payment of the judgment has been stalled due to several appeals that were filed. The latest appeal, which is now before the Third Circuit Court of Appeals, relates to a dispute regarding the amount of attorney fees Pollick is entitled to recover.

John Dean, attorney for the city and Leighton, said he expects the full judgment to be covered by insurance. He acknowledged Pollick has the legal right to attempt to seize Leighton’s assets pending final resolution of the appeals in the case.

Leighton had provided a list of his assets and bank accounts, but did not list the account numbers or the value of his property.

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