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First Posted: 2/20/2013
SCRANTON – Attorneys representing the city of Wilkes-Barre and Mayor Tom Leighton are asking a federal judge to dismiss a defamation lawsuit filed against numerous parties based on an Oct. 23, 2011, article in The Times Leader.
Attorney Joseph Reisinger sued employees and officials at The Times Leader, Luzerne County and Wilkes-Barre city, claiming he was defamed in an article about properties he owns in the city. The article outlines other lawsuits Reisinger has filed against the city and the county and the cost associated to defend against the suits.
Attorneys Donald Brobst and Thomas Campenni, who are defending Wilkes-Barre and Leighton, filed court papers seeking to have the suit dismissed, claiming the suit is Heavy on speculation and light on substance.
SCRANTON – A federal appellate court has upheld a judge’s ruling that dismissed a lawsuit filed by a man who claimed Luzerne County Children and Youth Services thwarted his efforts to gain custody of his child because of his gender.
Fred Clayworth, of Edwardsville, filed suit against the agency in February 2011, alleging officials refused to give him custody of his daughter because agency officials had a bias against single men as fathers.
Clayworth’s daughter was placed in foster care by her biological mother, without Clayworth’s knowledge, shortly after birth in 2004, he said. Once he learned of the placement, he began efforts to get custody, but was denied even though he had no history of substance abuse, violence or criminal behavior, according to the suit.
The suit alleged Children and Youth caseworkers were biased against Clayworth because the agency wanted the child to be adopted by the foster family with whom she resided. Clayworth eventually gained custody of the child after 4½ years. He alleged the delay caused emotional harm to himself and the child.
U.S. District Judge A. Richard Caputo dismissed the suit in December 2011. Caputo noted courts have long held caseworkers are protected from liability unless a parent can show their decisions were improper and went beyond mere negligence or deliberate indifference.
Caputo said Clayworth had failed to present sufficient evidence to support his allegations that the agency’s decisions were so arbitrary that they would shock the conscience of an average person – a required element to sustain the claim.
The Third Circuit Court upheld the ruling, agreeing Clayworth had failed to meet that threshold.
WILKES-BARRE – Three men accused by city police in a series of street muggings waived their rights to preliminary hearings before District Judge Rick Cronauer on Tuesday.
Lahmel Chephas, 16, of Wilkes-Barre, waived a robbery charge to Luzerne County Court. Police withdrew a second robbery count, four counts of criminal conspiracy and a single count of simple assault against Chephas.
Patrick Robinson, 16, of Wilkes-Barre, waived a criminal conspiracy charge to county court. Police withdrew a second criminal conspiracy count against Robinson.
Jahmel Wadley, 20, of Wilkes-Barre, waived five counts of criminal conspiracy and two counts of robbery to county court.
Police allege Chephas, Robinson, Wadley, Quincy Michael Patrick, 18, of Larksville, Russell Patrick, 16, of Wilkes-Barre, and Anthony Dedes, 16, of Scranton, targeted people walking on East Main, Arch, Lehigh and West River streets and Old River Road from Jan. 20 to Jan. 22. A 14-year-old juvenile was charged in county juvenile court, police said. Police said the robberies involved a gun and some of the victims suffered injuries.
Preliminary hearings for Quincy Patrick and Russell Patrick were continued to Feb. 26. Dedes has not been arraigned on criminal conspiracy charges.