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Friday, July 30, 2010
civil rights suit Jury says rights of Denise Carey violated as city sought legal fees in fire station controversy
W-B activist awarded $67,000
By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
SCRANTON – A federal jury on Tuesday awarded city fire house activist Denise Carey $67,000 in her civil rights suit against the city and Mayor Tom Leighton, but Carey says the citizens of Wilkes-Barre are the real victors in the case.
“This definitely was not about the money. It was about the principle,” a teary-eyed Carey said moments following the jury’s verdict in federal court in Scranton. “This is a win for the community. Now no one has to be afraid of speaking up. That was the point of this.”
The eight-member jury deliberated for a little more than four hours before finding that Leighton had retaliated against Carey by seeking attorney fees in connection with her failed bid to overturn his 2004 decision to close an East Northampton Street fire station.
The panel, which heard testimony over five days, found Leighton’s actions in seeking the fees and critical comments he made about Carey to the media violated her First Amendment right to free speech. It awarded her $15,000 in compensatory damages for emotional distress, $2,000 for lost income and $50,000 in punitive damages against Leighton.
The total payout will likely be much higher, however, because Carey’s attorney Cynthia Pollick will be able to collect attorney fees in addition to the judgment. That amount has not yet been calculated, but based on other similar cases Pollick recently handled it’s likely her fees will exceed $100,000.
It was unclear Tuesday how much of the jury award might be covered by insurance. One of the city’s insurance companies, United National Insurance, maintains it is responsible to pay only economic losses and not any damages awarded for emotional distress. There is also a question of whether the punitive damages against Leighton will be covered.
Leighton declined to comment on the verdict on the advice of the city’s attorneys Jack Dean and Mark Bufalino.
Dean said the city will appeal. Dean said he intends first to file a motion with the trial judge, Thomas I. Vanaskie, asking him to overturn the verdict. If that is denied, the city will appeal to the Third Circuit Court of Appeals.
Pollick lauded jurors for having the “courage” to rule in Carey’s favor.
In her closing argument, Pollick had called upon them to “send a message” to Leighton.
“Mayor Leighton may be able to take away a fire station, but don’t let him take away our constitutional rights,” Pollick said. “A verdict in Denise Carey’s favor tells citizens you are safe. You can speak out and you don’t have to fear that a politician or the government can come back and sock you with a hefty attorney bill.”
Bufalino insisted Leighton did not retaliate against Carey and was merely trying to uphold the law.
“This case was not about her speaking out. It was about following the law,” Bufalino said in his closing. “He is the mayor of the city of Wilkes-Barre. He has an obligation and an oath, not just to Ms. Carey, but to all citizens.”
The case stemmed from the city’s attempt to collect $11,056 in attorney fees for city solicitor William Vinsko’s work in challenging a petition Carey and others circulated in 2005.
The petition sought to place a question on the ballot that would amend the city’s home rule charter. If successful, that ultimately would have allowed fire house supporters to place the closure of the fire station on the ballot to allow voters to decide its fate. Problems arose after several residents said they were only told the petition was to open the fire house and were not advised it would alter city government.
Leighton insisted he was justified in seeking the fees because Carey and others had committed fraud by obtaining signatures under false pretenses. A Luzerne County judge awarded the city the fees in August 2005, but the ruling was overturned on appeal.
Carey alleged Leighton’s real motivation was to punish her for speaking out. Her primary reason for filing her suit was to prove that and to clear her name, she said.
Carey said the past four years have been emotionally draining as her cases worked their way through the court system. She credited her husband, Tom, and children for giving her the strength to continue.
Carey said she has not given up on her fight to get a fire station in the Heights. A separate federal lawsuit Carey filed that challenged the station’s closure remains on appeal in the Third Circuit Court of Appeals.
Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.
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29 COMMENTS
CITIZEN said...
GOOD FOR HER CHALK 1 UP FOR FOR THE PEOPLE
The Big House said...
Well here we go again.More debt for the city of W-B.Way to go Tommy Boy.It just proves that you are incompentent,a liar and a bully.Try to find a line of work you are good at and i don,t mean real estate.Great job Gal,if putting tom terrific in his place.
Kurt said...
Is this Tom Leighton or Tom McGroarty running Wilkes-Barre. NEPA, Luzerne County, Wilkes-Barre..... It's all the same all the time. Keep electing the same people and you'll keep getting the same problems.
TJ said...
Glad Carey won her case. But now the big question is....where does this money come from with the City so strapped? Another tax hike to pay off another "Mistake?"
SB said...
Keep up the fight Mrs. Carey, you will prevail. leighton and the Luzerne county judge who originally found in leighton's favor are again shown to be masquerading as competent public officials. Hey leighton, your actions are why the surrounding towns will never choose to be part of WB city! When will the voters of WB and Luzerne county finally wake up and quit electing these useless costly buffoons?
Walter Griffith said...
I am so happy that Denise won this case..The City Administration is very powerful and I applaud Denise Carey's efforts...I see that Christine Katsock and Jamie Lake, people that were republicans and supposed to be on the activists side of things, were called as a DEFENSE WITNESS..somethings in this County never change...you really cant trust those that talk the tough game and set you up for a huge fall..The taxpayers of this area need to be more in touch with their governement..I think the Mayor should pay for this settlement out of his own pocket...better yet..lets take up a collection from the City residents and see how much money we can raise for this Mayor...bet we fall short by 67,000.00
mike said...
what a joke: she wanted to be in the public eye as an activist supposedly looking out for the people BUT she has no qualsm with accepting money from the lawsuit AKA peoples money since anyone knows comes from the city coffers
Taxpayer said...
Another case where the attorney gets more than the plaintiff. What is wrong with this picture?
Stinks! said...
Yeah for the little guy! Boy, does W-B stink of politics! Mark Bufalino representing the City. WOW!
Josh said...
Does Tom still Believe?
SANDY said...
GOOD FOR HER......MAYOR CAREY SOUNDS PRETTY GOOD
virginia said...
thank you Denise for standing up to Leighton and the city. I admire you. I wish I had the courage to do what you did. Thanks again for standing up in what you believe in. I also believe that the city should reopen all the fire houses they have closed and not let the building sit and rot and eventually become another parking lot.
Dan said...
By all means Mr. Leighton appeal this decision!! No point in finally admitting you were WRONG and disgraced your office with your blatant trampling of the First Amendment!!!Just send us taxpayers the bill...we dont mind...really....Besides this cost will pale in comparison to the legal costs when the reassessment fiasco hits the courts....and trust me...it will hit the courts!!
PG said...
The settlement should be paid by Leighton himself. The funds could be witheld from his salary or his pension totals. Why should the taxpayer always pay for these personal vendettas politicians seek. As for Denise Carey, she states she is representing the people. Denise, keep the amounts for lost wages and distress, but give the rest to the people you said you represent. The holiday season is near and I'm sure a lot of needy families could use some warm clothing and some good meals. That would really be looking after the people. I hope we see a presentation of a nice donation in the news soon.
Dill Patterson said...
Dark are the days when a loud-mouthed nut can wield such a victory. Shame on the mayor too for the way this was handled. He could have put her down properly and failed.
Bill From Wyoming said...
YOU GO GIRL!!! I'm very proud of you for pursuing this matter and refusing to let the politicians walk all over you. Keep up the good work and think about running for Mayor next term again Pretty Boy! It's time for a change and get these politicians out of there already who think they are above the law!
steve said...
I BELIEVE! I believe Tom is running the city further into the ground.
lol said...
the mayor should apologize to this woman, instead of wasting more taxpayer money on the appeal. he can use the appeal money to make sure the cities roads are plowed, so people don't have to miss work again, like they had to in the past because the city didn't plow them.
Bill Gray said...
Google "McLibel" and "Be careful who you SLAPP..." for other incidents where people were persecuted for speaking out. Also note that the McCain-Feingold act makes it a Federal crime to speak on political issues or suppost a political candidate under some circumstances. Michaek Zinn went to jail for 6 months for such a case ("Mad Dog Prosecutors...") Want to exercise your First Amendment rights? You might want to consult with a lawyer first.
Attorney said...
The bigger issue is that this is all over the City Solicitor suing for fees that should be covered in his annual salary paid by the city. Then this same soliticor doesn't know enough to say "The mayor is not intersted." Instead he gets accused of saying "these are not my words, but..." Regardless of the who is right or wrong and who said what. This is a 3 ring circus. Give the mayor a break. No one would want to inherit what he did from the previous mayor. The firehouses had to close. We don't have money. The mayor is working as best he can with what he can. I'm not related to him and have nothing to gain. My point is everyone is quick to judge.
J.W. said...
Hey, "Mike," you are so easy to blame Ms. Carey, put the blame squarely where the blame is due, on the mayor. If this blundering idiot would not have violated this woman's civil rights (as founded by a judge and jury) we would not even be speaking about this. Quit going through life with blinders on, unless of course you work for the mayor (in that case you need more help than Denise). The question now is who is paying for the mayor's appeal to overturn this verdict? If he wants to appeal it, it should come out of the mayor's pocket, not the taxpayer's pocket. It was his blunder, he should pay for it. Good luck, Denise, you deserve so much more from what these idiots have put you through. "I Believe!"
valleykay said...
it's about time the people start getting the respect they deserve in this city and this county overall. i'm tired of seeing officials bullying the people around. you go denise!
Tax Payer x20 said...
I don't think she got enough. I real message needs to be sent to every elected official that they serve the people. They have this power trip that makes them think they can do anything they want. Just check out Luzerne Boroughs Solicitor and Mayor... They have all kinds of little Real Estate deals going on all the time.
George said...
This is the type of confrontation that should never have occurred. The mayor's actions only confirm his childish behavior. It is a sad day for Wilkes-Barre that Mr Leighton was ever elected mayor. He lacks the adult responsibility and integrity that is required for public office. Congratulations to Ms Carey for her efforts. I can only share the following quote from RFK in 1968 "each time a man or woman stands up for an ideal or acts to improve the lot of others or strikes out against injustice, he sends forth a tiny ripple of hope, crossing each other from different million centers of energy and daring those ripples build a current that can sweep down the mightiest walls of oppresion and resistance".
rp said...
lets see the over payed attoneys $11.000 i would like to comment but the words i need are not in my vocabulary! good f^@*ing job mayor tom!
Jimmy said...
People are getting fed up with being silenced. In Scranton, the Mayor and Council got rid of the government access channel to thwart the residents from knowing what is going on. They'll get it back, when they get this Mayor out of office soon. Kudos to Denise for standing up for what's right. We have an activist in Scranton who is more honorable than what's sitting on the county court's bench. He's rough around the edges with the language, but he is still more honorable. Nice to see you have two in Luzerne County. Both places need to be cleaned up.
Linda said...
Leighton should be held directly responsible for the damages associated to his poor decisions and attitude. The last laugh is on him this time....Now go smerk with your council about that one. Voters could have gotten rid of him last November but since they chose him either in error or because they are poltically naive..or worse beholden to his hack network; things will stay the same or get worse in the city......
Fire Fighter said...
Mrs. Carey never claimed to represent anyone. She's just a concerned citizen who did the kind of thing all of us should do, watch our govt. She could lose her award in appeal, and I don't think it would matter to her. Money wasn't the driving force behind her suit. Justice and honesty were her motives. Now wouldn't it be great if the Mayor had the same motives?
Lehman Township new home owner said...
I am glad she won. Luzerne County seems corrupt right down to Lehman Township where zoning/police officers get away with harassment and officials look the other way.