Settlement reached in Point Marion suit
Two Point Marion police officers and the borough have reached a settlement agreement with a Fayette County man who brought suit last July claiming his civil rights were violated in an alleged wiretapping incident in Point Marion.
The American Civil Liberties Union (ACLU) sued on behalf of Gregory Rizer. He alleged that Point Marion police Officer Kevin Lukart and Chief Jay Stutler violated his civil rights. The suit also names the borough itself and Mayor Carl Ables.
A court order entered in U.S. District Court in Pittsburgh on Saturday confirmed the settlement; however, attempts to reach borough officials regarding what the settlement entailed were unsuccessful Wednesday.
The suit had contended that Rizer used his cellphone to make an audio recording of police while they questioned a friend of Rizer on Jan. 3, 2012.
Lukart, who was questioning Rizer’s friend, realized Rizer was recording the conversation when his phone memory became full and his phone started automatically playing back the recording, the suit alleged. Rizer alleged he recorded the conversation because Lukart was being aggressive.
Lukart ultimately arrested Rizer and charged him with violating wiretap laws.
The suit alleged Lukart agreed to release Rizer from police custody if he wrote a statement admitting to the recording and indicating he knew the recording to be illegal.
Rizer said he went to Ables two days later to complain about Lukart and, on Jan. 6 the suit alleges, Rizer was arrested by Lukart and Stutler for violating the state’s wiretapping law. Prosecutors withdrew the charge in February.
Pennsylvania law requires the parties involved in a conversation consent to it being taped when there is an expectation of privacy.
While Rizer’s friend consented to the taping, attorneys for police and the borough argued that Lukart also had to consent to the taping.