South Connellsville police chief, council president focus of First Amendment lawsuit
SOUTH CONNELLSVILLE — A borough resident has filed a federal suit in U.S. District Court claiming the police chief and a department officer, the council president and the borough violated her constitutional right to free speech.
The suit, filed by attorney Steven M. Toprani on behalf of Mary Lubich-Riley, also claims police Chief Russell P. Miller Jr., Officer James Stevenson and council President Karen Holbrook, along with the borough, maliciously prosecuted and defamed her.
“The defendants engaged in a pattern of conduct that resulted in (Lubich-Riley) being maliciously prosecuted in retaliation for her free and protected speech critical of the practices and conduct of the South Connellsville Police Department made at public meetings,” wrote Toprani in the suit filed Friday in Pittsburgh.
Toprani said that over the course of several months, Lubich-Riley attended the council meetings to offer her views on what she perceived to be “improper activities of the police department and Chief Miller.”
“(Lubich-Riley) and several other community members were concerned that Chief Miller was causing his officers to harass patrons of the (borough) Firemans’ Club,” said Toprani, alleging that Miller directed patrons to be followed to their homes by his officers who then threatened to arrest them.
As Lubich-Riley continued to attend meetings and voice her concerns, Miller began to intimidate her by following her and making derogatory comments about her and her family, the suit alleged.
Lubich-Riley notified the borough council of the alleged intimidation, but Miller persisted in the behavior, Toprani wrote.
In May, Miller drafted a letter to Lubich-Miller instructing her to stop attending meetings to voice her concerns.
“Further, in a legally misguided and nearly illiterate fashion, Chief Miller threatened (Lubich-Riley) that should she communicate with him in public, she would face criminal prosecution and a civil lawsuit,” wrote Toprani.
In October, Lubich-Riley again attended a council meeting and advised the officials of police activity against her and the fire department’s auxiliary members, but was verbally attacked by Miller.
“Chief Miller became hostile and belligerent and began shouting incendiary remarks about (Lubich-Riley) and her family, ultimately accusing her of being a criminal and threatening her with arrest,” said Toprani, adding that Holbrook failed to stop Miller.
Following the meeting, Lubich-Riley received a notice from Magisterial District Judge Ronald Haggerty Jr., that Stevenson had cited her for harassing Miller in violation of the prior notice from him.
Before the hearing, the court received a letter from borough solicitor Tim Witt that the charge had no merit and the case should be terminated.
Following Haggerty’s not guilty ruling, county Chief Detective John Marshall filed a criminal charge of official oppression against Miller. Haggerty is scheduled to hear the matter on Jan. 24.
“(The defendants) did not have an adequate justification or reason for treating (Lubich-Riley) differently than any other member of the public,” said Toprani. “(The defendants) also chilled (Lubich-Riley’s) free speech by preventing her from communicating with the public regarding these matters of obvious public concern.
“Individual defendants acted through personal direction and/or with actual knowledge and acquiescence, which subjects them to liability.
“Individual defendants had personal involvement in the wrongs alleged (in the suit), as each was aware of (Lubich-Riley’s) protected speech and each took overt steps, in an ongoing course of conduct, to retaliate against her and suppress her speech.”
Lubich-Riley is seeking a jury trial before the court and a monetary judgement against the defendants, attorney fees and punitive damage costs.