Lakkis v. Lahovski

994 F. Supp. 2d 624, 2014 WL 346986, 2014 U.S. Dist. LEXIS 11755
CourtDistrict Court, M.D. Pennsylvania
DecidedJanuary 30, 2014
DocketNo. 3:12-CV-1024
StatusPublished
Cited by2 cases

This text of 994 F. Supp. 2d 624 (Lakkis v. Lahovski) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lakkis v. Lahovski, 994 F. Supp. 2d 624, 2014 WL 346986, 2014 U.S. Dist. LEXIS 11755 (M.D. Pa. 2014).

Opinion

MEMORANDUM OPINION

ROBERT D. MARIANI, District Judge.

I. Introduction and Procedural History

Previously, the Court granted Defendants’ Motion to Dismiss (Doc. 6) in a Memorandum Opinion and Order dated November 5, 2012, 2012 WL 5390002. (Docs. 15, 16). The Court, however, granted Plaintiff leave to file an Amended Complaint which was to conform to the requirements set forth in the Opinion. Plaintiff thereafter filed an Amended Complaint on November 20, 2012. (Doc. 17). Defendants then filed a Motion to Dismiss Plaintiffs Amended Complaint (Doc. 18). In a Memorandum Opinion and Order dated ■May 30, 2013, 2013 WL 2371214 (Docs. 37, 38), the Court granted Defendants’ motion but granted Plaintiff leave to file a Second Amended Complaint.

On June 14, 2013, Plaintiff filed his Second Amended Complaint (Doc. 40), and Defendants again moved to dismiss (Doe. 41). The parties have fully briefed the motion, and it is ripe for decision. For the reasons set forth below, the Court will grant in part and deny in part Defendants’ motion.

II. Factual Allegations

Plaintiff is a police officer with the Borough of Forty Fort (Second Amended Complaint, Doc. 40, at ¶¶ 1, 11), and Defendants are Frederick Lahovski, the Police Chief, and Joe Chacke, the Borough Council President. (Id. at ¶¶ 2, 5).

Plaintiffs Second Amended Complaint makes the following allegations: on March 4, 2012, “Defendants issued an Order that specifically suppressed First Amendment speech, including but not limited to reporting misconduct of the Police Chief, by mandating that Plaintiff notify the Police Chief in writing’ before he is allowed to talk with the Mayor or any Council member.” (Id. at ¶ 9). The Special Order Memorandum was from Defendant Lahovski and addressed to “All Personnel, Forty Fort Borough Police Department” and stated:

[628]*628Effective immediately, any time a member of the police department wishes to speak with the Mayor and/or any member of the Borough Council concerning a function of the police department, the member is required to notify the Chief of Police.
The notification must be in writing and presented in person prior to contacting the aforementioned persons. The subject of the intended contact does not need to be listed unless specifically requested by the Chief of Police.
If a member of the police department is contacted by the Mayor and/or any member of Borough Council concerning police department function, the member is required to notify the Chief of Police in writing immediately after the contact. Grievances, Unfair Labor Practices, S.O. 11-003, and liaison assignments directed by the Chief of Police are exempt from this order.
Any question, please see me.

(March 4, 2012 Special Order Memorandum, Doc. 39-1).

On May 21, 2012, “abiding by the [order], Plaintiff requested ‘in writing’ to speak with the Mayor about upcoming borough events due to the Memorial Day Parade and Centennial Celebration” regarding “the public safety issue surrounding the Centennial Celebration based on Defendant Lahovski’s misconduct.” (Id. at ¶ 19). However, “[t]hat same day,” Defendant Lahovski denied Plaintiffs request and instead “ordered Plaintiff to complete illegal tasks, such as posting flyers on telephone polls in violation of Forty Fort’s own Borough Code § 6-601,” and “to canvass the neighbor[hood] for information concerning the owner of stolen sunglasses and eye glasses, and not do his normal Police patrol activities while all other officers did their normal Police patrol activities.” (Id. at ¶ 21). In Lahovski’s denial of Plaintiffs request, Lahovski stated, “You may not have permission for an open ended, catch all conversation using the statement, ‘including but not limited to’.” (Id. at ¶ 23). Had Plaintiff been allowed to speak to the Mayor, he “would have disclosed that there was going to be no police protection at a major public event, the Centennial Celebration, which could result in a tragedy, such as the Boston bombing.” (Id. at ¶ 20).

“After contemplating the situation and understanding the gravity of [the] matter,” on May 23, 2012, Plaintiff contacted “the Mayor directly through a text message about Defendant Lahovski’s request for him to perform illegal activities, ... Specifically, Plaintiff texted T need to speak to you at some point. The Chief has advised me to partake in illegal activity. I have no one else to go to.’ ” (Id. at ¶¶ 25-26). “Plaintiff used his own personal cell phone to make the text and was not working for the Borough of Fort-Forty at the time he made the text.” (Id. at ¶ 27).

Ultimately, Plaintiff “spoke with the Mayor about Defendant Lahovski’s official misconduct of requesting police officers [to] perform illegal acts as well as the public safety issue related to the Centennial Celebration.” (Id. at ¶ 30). “The May- or confirmed Plaintiffs assessment that he was being retaliated against for his Free Speech.” (Id. at ¶ 35). “When Plaintiff spoke with the Mayor, he was off-duty and on his personal cell phone.” (Id. at ¶ 31).

“Defendants were aware of Plaintiffs protected speech of reporting [the] Police Chiefs official misconduct since a meeting was called and held on May 24, 2012, about Plaintiffs complaints over his free speech suppression and the illegal activity,” and both defendants “were present at that meeting.” (Id. at ¶¶ 36-37).

[629]*629Finally, “[o]n May 25, 2012, Plaintiff, through counsel, requested that Defendants cease-and-desist Plaintiffs free speech suppression and retaliation; and in turn and out of spite Defendants ordered an internal investigation’ on Plaintiff.” (Id. at ¶ 38). “Prior to ordering the ‘internal investigation,’ Defendant Lahovski contacted Defendant Chacke on the telephone.” (Id. at ¶ 40). “Plaintiff was internally investigated and has not been cleared of that investigation, which could result in termination.” (Id. at ¶ 41).

“Plaintiff was required to have his union representative with him when Defendant Lahovski conducted his internal investigation.” (Id. at ¶ 42). “Although Defendant Lahovski was provided with proof from the Luzerne County District Attorney’s Office that Plaintiff had, indeed, been present for a hearing, Defendant Lahovski contacted the Luzerne County Sheriffs Office seeking video surveillance on Plaintiff.” (Id. at ¶ 44). “To this day, over a year later, Plaintiff has not been told of the results of the internal investigation and all the documents related to his alleged wrongdoing are part of his employment record.” (Id. at ¶ 47). “Plaintiff was brought up on trumped up charges, which he had to defend and are now part of his employment record for all current and future employers to see, and may cause him to miss out on future employment opportunities.” (Id. at ¶ 49).

In addition to this internal investigation, Defendant Lahovski ignored Plaintiffs “requests for on-the-job guidance, such as whether he could leave his shift without the Pennsylvania State Police covering and also when he needed to call off.” (Id. at ¶ 51).

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Cite This Page — Counsel Stack

Bluebook (online)
994 F. Supp. 2d 624, 2014 WL 346986, 2014 U.S. Dist. LEXIS 11755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lakkis-v-lahovski-pamd-2014.