PITTSBURGH – A federal judge has dismissed without prejudice a retaliation and slander case brought by the City of Aliquippa’s former acting police chief, who claimed his internal investigations into the department’s alleged wrongdoing caused the city to retaliate against him with criminal charges.
U.S. District Court for the Western District of Pennsylvania Judge William S. Stickman IV released his opinion on Jan. 27, dismissing Joseph Perciavalle III’s lawsuit against the City and its Mayor, Dwan B. Walker.
Perciavalle was employed as a law enforcement officer in Aliquippa since 2011. In 2014, Donald Couch was promoted to Chief of Aliquippa’s Police Department, while Perciavalle was promoted to the role of Assistant Chief.
In or about 2015, plaintiff began making good faith complaints to defendant Walker and various other city council members about wrongdoing within the police department, including, but not limited to, wrongdoing committed by Chief Couch relating to mismanagement of departmental funds.
In June 2018, Couch was removed from his position and placed on administrative leave, while Perciavalle was made Acting Chief. But just two days later, Perciavalle himself was charged with various criminal offenses, removed from his role as Chief and also placed on administrative leave.
On July 10, 2018, Perciavalle was further charged with distribution of explicit sex materials to a minor and unlawful contact with a minor, but these charges were dismissed at a preliminary hearing five months later. The other charges were nolle prossed, or not prosecuted.
While still on administrative leave, Perciavalle made another report of ongoing wrongdoing, but when city council members communicated these concerns to defendant Walker, the mayor alleged refused to look into the matter.
Perciavalle was not permitted to return to his role as a police officer, and later filed suit against the City and Walker in April 2020. After an initial complaint, three amended versions and numerous defenses, Stickman ordered the case dismissed.
As to perceived First Amendment rights violations suffered by the plaintiff, Stickman said nothing pled so far had led to that conclusion.
“The facts pled in support of Perciavalle’s claims are scant, and therefore, it is difficult to ascertain exactly what constitutionally protected speech is at issue. Nevertheless, assuming Perciavalle’s ‘complaints’ about the City of Aliquippa’s police department are entitled to protection under the First Amendment, his attempt to plead a retaliation claim against Walker in his individual capacity falls short,” Stickman said.
“There are no specific facts pled in the third amended complaint that Walker committed any specific affirmative acts so as to violate Perciavalle’s First Amendment rights. It is completely unclear as to when or exactly how Walker ‘prohibited’ Perciavalle from being reinstated to his position as a City of Aliquippa police officer. As pled, Walker committed not specific retaliatory affirmative acts against Perciavalle, and Perciavalle’s claims against Walker are purely speculative.”
This lack of specificity, according to Stickman’s also doomed the plaintiff’s other municipal liability and equal protection claims. Additionally, Stickman declined to exercise supplemental jurisdictions over his state law claims.
“Defendants’ motion to dismiss will be granted for the foregoing reasons of law and fact. Perciavalle will be afforded 21 days to file a fourth amended complaint as to those counts that will be dismissed without prejudice,” Stickman stated.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-00474
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com