Elliott Greenleaf WINS SUMMARY JUDGMENT FOR CITY OF WILKES-BARRE, ITS MAYOR AND FIRE CHIEF

The United States District Court for the Middle District of Pennsylvania granted Elliott Greenleaf' motions for summary judgment in favor of the City of Wilkes-Barre, its Mayor and Fire Chief in two cases brought against them by former Assistant Fire Chiefs when the plaintiffs claimed that they were constructively discharged from their appointed positions after the Mayor took office in January 2004 in violation of due process rights inherent under their union collective bargaining agreement. Both plaintiffs were appointed to their jobs by the previous mayor. In support of summary judgment, John G. Dean of Elliott Greenleaf's Wilkes-Barre office and Deborah H. Simon of the firm's Blue Bell office, successfully argued that no constitutionally protected rights were violated, and that the City provided plaintiffs with the opportunity to participate in the search process to fill their positions and properly rejected as anticipatory the grievances that they filed with their union over the impending selection process. The United States District Court agreed with Elliott Greenleaf, and dismissed the plaintiffs' civil rights claims against the City, the Mayor and Fire Chief.

Philadelphia/Blue Bell
Elliott Greenleaf
& Siedzikowski, P.C.
925 Harvest Drive
P.O. Box 3010
Blue Bell, PA 19422
Phone: (215) 977-1000
Fax: (215) 977-1099
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Philadelphia
Elliott Greenleaf
Two Liberty Place
50 S. 16th Street
Suite 2960
Philadelphia, PA 19102
Phone: (215) 977-1000
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Harrisburg
Elliott Greenleaf & Balaban
Governors' Row
27 North Front Street
Harrisburg, PA 17101
Phone: (717) 234-3282
Fax: (717) 233-4264
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Scranton
Elliott Greenleaf & Dean
PNC Bank Adm. Building
201 Penn Avenue, Suite 202
Scranton , PA 18503
Phone: (570) 346-7569
Fax: (570) 969-2890
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Wilmington
Elliott Greenleaf
1105 Market Street, Suite 1700
Wilmington, DE 19801
Phone: (302) 384-9400
Fax: (302) 384-9399
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Wilkes-Barre
Elliott Greenleaf & Dean
39 Public Square, Suite 1000
Wilkes-Barre, PA 18702
Phone: (570) 371-5290
Fax: (570) 371-5550
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