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Their complaint is separate from other suits that arose out of the criminal charges filed in 2009.
SCRANTON – A woman and her son, who was incarcerated by former Judge Mark Ciavarella, filed suit against him and others already sued as a result of the Luzerne County juvenile justice scandal.
James Gillette of Lackawanna County said he was denied the right to an attorney when he appeared before Ciavarella, a claim raised by other juveniles who said their constitutional rights were violated by him when he presided in juvenile court.
Gillette and his mother, Erica Michaliga are seeking in excess of $150,000 in the suit filed Friday in U.S. District Court, Scranton.
Their complaint is separate from other suits that arose out of the criminal charges filed in 2009 against Ciavarella and former Judge Michael Conahan for their roles in a $2.8 million kickback scheme tied to the construction of two juvenile detention centers and the placement of youths in the facilities in Pittston Township and Butler County.
A federal jury on Feb. 18 returned a mixed verdict against Ciavarella, finding him guilty on 12 of 39 counts for his participation in the scheme. Conahan pleaded guilty to a charge of racketeering conspiracy, is awaiting sentencing.
Gillette said he went before Ciavarella to face charges of simple assault, terroristic threats, harassment, disorderly conduct and criminal mischief from a domestic dispute with his mother.
Because of decisions made by Ciavarella, Gillette said he “was incarcerated almost continuously from June 2004 through October 2008” and suffered “deprivation of personal liberty, loss of positive sense of well-being,” and, among other things, “the detrimental effects of the stigma placed on him by his time spent in detention.”
Besides the former judges, other defendants included: Robert Powell, former co-owner of the detention centers; Robert Mericle, the builder of the centers.
Gillette and his mother Erica Michaliga are seeking in excess of $150,000 in the suit filed Friday in U.S. District Court, Scranton.