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February 24, 2010

Conahan claims immunity in juvie suit

SCRANTON – Former Luzerne County judge Michael Conahan has filed a motion to dismiss the latest of several federal lawsuits filed against him that allege he conspired to falsely incarcerate juvenile offenders.

The motion, filed Monday, claims Conahan has judicial and legislative immunity from a lawsuit filed in December by Raul Clark of White Haven.

Clark, now 21, said his civil rights were violated by Conahan and former judge Mark Ciavarella, who sentenced Clark to six months at a detention facility based on charges that Clark had violated his curfew and possessed drug paraphernalia. The judges are among numerous defendants named in the suit.

The claims against Conahan include that he eliminated funding for the county-owned center in order to facilitate construction of a new detention center owned by Robert Powell.

In the motion to dismiss, Conahan, who is defending himself, says that even if all Clark’s allegations are true, Conahan is protected from liability by the doctrine of judicial and legislative immunity.






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