Judge retains claims in lawsuit
A federal judge retained several of the claims in a wrongful arrest and prosecution lawsuit that a Greene County man brought against two employees of the county’s Children and Youth Services. David O’Hara of Carmichaels sued last year, claiming that he was wrongly charged with sexual abuse. In the filing, he alleged that CYS workers conspired with Cumberland Township police to bring false charges against him. At trial, a judge dismissed many of the charges filed against O’Hara, and a jury acquitted him of the rest.
Police alleged that O’Hara abused a 6-year-old girl from October 2005 through April 2006. The lawsuit claimed that police should have checked the allegations better because the child and her grandmother had a history of making up claims.
The ruling, handed down Wednesday, applies to CYS employees Yvonne Suppok and Michael Schlesinger. Also named as defendants are officers Jorel Hanley and Craig Miller. Different attorneys represent them. Claims in the six-count suit include unlawful arrest, malicious prosecution and intentional infliction of emotional distress.
U.S. District Judge Nora Barry Fischer ruled that claims brought in count three of the suit, which include due process claims, would be dismissed. Additionally, claims for abuse of process and wrongful use of civil process were thrown out.
She retained counts that include claims for false arrest and imprisonment, malicious prosecution, equal protection and intentional infliction of emotional distress.