Six Luzerne County Council members are shown in their travel to Harrisburg Tuesday as summoned by a federal judge to discuss a stalled litigation settlement. Clockwise, from front left: Patty Krushnowski, Chairman Jimmy Sabatino, Joanna Bryn Smith, Chris Belles, Denise Williams, Vice Chairwoman Brittany Stephenson, and Dawn Simmons.
Jennifer Learn-Andes | Times Leader
All 11 Luzerne County Council members appeared in federal court in Harrisburg as ordered Tuesday to discuss a stalled settlement agreement in county prison-related litigation.
After private consultations among legal counsel and the parties involved, U.S. Magistrate Judge Martin C. Carlson announced in the open session that a plan has been identified to move forward.
To advance the matter, the parties agreed two county council members who had previously abstained from voting on the settlement — Steve Coslett and Joanna Bryn Smith — will vote on the settlement at council’s next regularly scheduled meeting July 28, Carlson said.
Carlson said he will hold a hearing in August to review the status of the settlement.
At issue is a $47,000 settlement that would have closed out litigation Francis Lombardo filed in federal court in 2023.
While incarcerated at the county prison in July 2021, Lombardo argued he sustained physical injuries caused by alleged excessive use of force by a county-contracted nurse and/or corrections officers, documents said.
Council discussed the settlement in a closed-door executive session and later voted at its April 28 meeting.
Three council members said they had to abstain from the vote. Councilman John Lombardo said he has a relationship with the plaintiff. Bryn Smith, an attorney, said she represented the plaintiff in a criminal matter in 2021. Coslett, a retired county corrections officer, said he was involved in the alleged incident.
The eight remaining members were deadlocked. Council members LeeAnn McDermott, Denise Williams, Chris Belles, and Harry Haas voted no, leaving only four votes in support of the settlement from Council Chairman Jimmy Sabatino, Vice Chairwoman Brittany Stephenson, Dawn Simmons, and Patty Krushnowski.
Carlson said Tuesday he understood the reasons Coslett and Bryn Smith abstained, and he does not see a conflict.
To protect the council members, Carlson sought an acknowledgment under oath from Lombardo, the plaintiff, that he was agreeing to “waive any potential conflict on the part of” the two council members.
The judge also required Coslett and Bryn Smith to state under oath that they are prepared to vote on the matter.
Both Coslett and Bryn Smith declined to disclose at this time whether they plan to vote for or against the settlement.
Carlson thanked council members for their attendance and cooperation and the plaintiff for his patience.
“I think our time here has been well spent,” Carlson said.
Carlson had scheduled Tuesday’s hearing to consider “stalled efforts to effectuate the agreement of the parties.” The judge mandated that “all persons who played a role in authorizing a settlement authority for negotiation purposes and in voting on approving the final settlement should be prepared to appear and testify.”
No council members had to testify, other than the acknowledgment from Coslett and Bryn Smith that they will vote.
The plaintiff had argued correctional officers named as defendants must still be on the hook to pay the settlement because they were not sued as individuals. However, the defendants argued it was made clear that council approval was always required because they were also sued for actions performed during the course of their employment and had been indemnified by the county.
Lombardo’s complaint had alleged he was subjected to excessive force while he was fully restrained in handcuffs and a waistbelt. The defendants have not admitted to any wrongdoing.
The county Transportation Authority, which is partially funded by the county, provided a shuttle to transport council members, and some also traveled to Harrisburg on their own.
Local journalism matters, and your support makes it possible. You can help sustain this work by making a donation or choosing one of our subscription options. Subscribers enjoy valuable benefits, including full access to our e-edition, a reduced ad experience on timesleader.com, and more.
Your support helps ensure independent, high-quality local news remains available today and for future generations. Thank you for standing with local journalism.
Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.