ELLIOTT GREENLEAF WINS SUMMARY JUDGMENT DEFEATING FIRST AMENDMENT RETALIATION AND AGE DISCRIMINATION CLAIMS

The United States District Court for the Middle District of Pennsylvania granted Elliott Greenleaf’s Motion for Summary Judgment on behalf of past and present members of West Pittston Borough Council and West Pittston Borough, defeating claims of First Amendment retaliation and age discrimination claims brought by a former police officer who was passed over for the position of Chief of Police.

The Court held that the Plaintiff failed to produce any evidence of retaliation or civil conspiracy against him for previously filing a lawsuit against West Pittston and that Plaintiff’s lawsuit and expressions made pursuant to his official duties were not activities protected by the First Amendment. Judge Jones also agreed with Elliott Greenleaf and held that the competent summary judgment evidence established that West Pittston Borough did not create a hostile work environment nor was Plaintiff discriminated against on the basis of his age.

John G. Dean, Mark W. Bufalino and Matthew J. Carmody of the Firm’s Wilkes-Barre office successfully represented the Borough and its officials.

Ex-Cop’s Bias Lawsuit Tossed