A lawsuit filed by the former South Connellsville police chief against Fayette County’s district attorney and county detective has been dismissed.
U.S. Magistrate Judge Patricia L. Dodge dismissed the lawsuit filed on behalf of Russell Miller Jr., the borough’s former chief, against District Attorney Rich Bower and Detective John Marshall. Miller sued the men in July claiming he faced a criminal official oppression charge filed by Marshall and approved by Bower in retaliation for having his department increase DUI patrols near the South Connellsville Fireman’s Club in 2015.
The suit contended Bower is a member of the club, has friends who belong to it and has used the venue for fundraisers.
The official oppression charge, which was withdrawn by the state attorney general’s office, dealt with allegations that he prompted an officer to charge a borough resident who questioned him at a public meeting with harassment.
Both Bower and Marshall filed a motion to dismiss Miller’s complaint, arguing that Miller’s claim is barred because the defendants are entitled to prosecutorial immunity.
“Plaintiff hereby respectfully withdraws his claims against all Defendants,” Miller’s attorney, Joel Sansone, wrote in the response to the motion.
Miller also sued South Connellsville after he was fired him his post as chief. That suit was dismissed earlier this year.