PITTSBURGH – Westmoreland County authorities are seeking summary judgment, in a harassment and professional retaliation suit from the former warden of the county’s prison.
John Walton of Mount Pleasant Township first filed suit on July 5, 2021 in the U.S. District Court for the Western District of Pennsylvania versus Westmoreland County and its Corrections Commissioner Gina Cerilli, both of Greensburg.
Walton, who served as the warden of the Westmoreland County Prison for more than 17 years, alleged in his complaint that he was forced to resign and retire in November of 2020, because of ‘relentless and baseless harassment, discrimination and retaliation’ from Commissioner Cerilli.
Specifically, Walton alleged that Cerilli “embarked on a never ending campaign of discrimination, retaliation and character assassination” against him over his refusal to follow her instructions to make “discriminatory political hires and promotions.”
Walton claimed Cerilli’s “proposed hiring practices” constituted discrimination against minorities and females. He further claims Cerilli “weaponized” the county’s human resources department with false complaints and “sham” investigations in retaliation against him, as well as publicly attacked him including over his employment suspension of a Cerilli supporter and family friend who pleaded guilty to human trafficking.
The defendants filed a motion to dismiss on Sept. 10, 2021, for failure to state a claim, seeking to have the entire suit thrown out for a variety of reasons.
“Generally, defendants moved for the dismissal of the complaint on the following basis: Certain claims are barred by the applicable statute of limitations and defendant Cerilli cannot be held personally liable for the actions of the Commission or the Prison Board,” the motion stated.
“There are insufficient facts pled to support an individual capacity claim; Count I lacks a factual basis to support a First Amendment political affiliation claim; Counts II and III lack facts to support age or retaliation claims and there is no basis to support a claim of intentional infliction of emotion distress in part to support that plaintiff suffered severe emotional distress.”
The motion’s accompanying brief argued that the plaintiff does not clearly plead a right to relief on any claims prior to Nov. 15, 2018 (300 days prior to the 2019 EEOC charge filing).
“The only allegations in the complaint occurring after this date, or within the applicable statute of limitations, are that Cerilli tried to ‘oust’ Walton by stating her ‘disgust’ for him, that Cerilli criticized him, that he was subjected to unidentified ‘public insults, false and defamatory accusations, and unfounded criticism of his job performance’”, that Cerilli stated Walton ran the prison like a ‘circus’ and that plaintiff did not received a pay increase in July 2020,” the brief stated.
“Any claims arising out of claimed ‘harassment and a pervasive hostile work environment’ beginning in 2015 which include: Cerilli’s political actions in 2016, Cerilli’s movement to fire Walton in 2016 ‘unfounded complaints’ against Walton and the alleged statement about Walton being unable to take orders from a female superior are barred by the statute of limitations and should be dismissed accordingly.”
After an amended complaint was filed on Nov. 16, 2021 and another motion to dismiss filed on Nov. 30, 2021, U.S. District Court for the Western District of Pennsylvania Judge Nora Barry Fischer denied the defendants’ motion on Jan. 10, 2022.
The defendants then filed an answer to the complaint on Jan. 28, 2022, where they argued that the plaintiff’s job performance was “below standard”, that they never embarked on campaign of discrimination and retaliation against the plaintiff – and brought 21 separate affirmative defenses against the suit.
“Plaintiff’s complaint, in whole or in part, fails to state a claim upon which relief can be granted. Defendant Westmoreland County maintains anti-harassment and anti-discrimination policies in the work place. Subject to discovery, plaintiff’s claims may be barred, in whole or in part, by the applicable statute of limitations. Defendants did not violate any of plaintiff’s rights or harm him in any way. To the contrary, defendants at all times acted lawfully toward plaintiff. Plaintiff is not entitled to any damages and/or other remedies pursuant to any federal or state law,” the defenses stated, in part.
“Plaintiff’s claims fail as plaintiff will be unable to prove that defendants discriminated, harassed or retaliated against him in any manner. Subject to discovery, plaintiff may have unreasonably failed to take advantage of preventive or corrective opportunities provided by his employer and/or may not have complied with applicable policies. Subject to discovery, plaintiff may have failed to mitigate his damages. Defendants acted in good faith and had reasonable grounds for believing that its conduct did not violate any law and, in fact, defendants’ conduct did not violate any law. Subject to discovery, plaintiff may not establish a prima facie case necessary to recover under the relevant statutes.”
UPDATE
On March 30, the defendants filed a motion for summary judgment, seeking dismissal of the complaint in its entirety.
“Defendants respectfully move for summary judgment on all of the claims in plaintiff’s amended complaint. Discovery is complete and this case matter is ripe for summary judgment. Plaintiff John Walton alleges that the defendants discriminated against him because of his political affiliation in violation of his right to belief and association under the First and Fourteenth Amendments of the U.S. Constitution and 42 U.S.C. Section 1983 (brought against Westmoreland County and Cerilli), and due to being harassed, discriminated against, and retaliated against because of his sex (brought against Westmoreland County only),” the motion stated.
“By stipulation of the parties, Mr. Walton’s state law claim of intentional infliction of emotional distress against Cerilli is to be dismissed. Mr. Walton’s discrimination and retaliation claims have no evidentiary support and are not reflective of reality. The record shows that Mr. Walton and Cerilli were obviously at odds with one another, which is not unusual within local governments. However, the events that occurred and led to his resignation, which he alleges to be a constructive discharge, cannot possibly constitute sex and/or retaliation under Title VII or a violation under the First and Fourteenth Amendments of the U.S. Constitution and 42 U.S.C. Section 1983. Further, Mr. Walton’s Section 1983 claims set forth in Count I and his discrimination claims at Count II are barred by the applicable statute of limitations and/or his failure to exhaust his administrative remedies.”
According to the defendants, Walton’s claims “have no evidentiary support and are not reflective of reality.
“The record shows that Walton and Cerilli were obviously at odds with one another, which is not unusual within local governments. However, the events that occurred and led to his resignation, which he alleges to be a constructive discharge, cannot possibly constitute sex and/or retaliation under Title VII or a violation under the First and Fourteenth Amendments of the U.S. Constitution and 42 U.S.C. Section 1983. Walton’s subjective belief of discrimination and/or retaliation cannot survive summary judgment,” the motion added.
For counts of 42 U.S.C. Section 1983 political affiliation through violation of the First and Fourteenth Amendments to the U.S. Constitution, sex discrimination, harassment, retaliation, violation of the Age Discrimination in Employment Act and intentional infliction of emotional distress, the plaintiff is seeking compensatory and punitive damages, all other just relief and a trial by jury.
The plaintiff is represented by Thomas B. Anderson of Thomson Rhodes & Cowie, in Pittsburgh.
The defendants are represented by Teresa O. Sirianni and Morgan M.J. Randle of Marshall Dennehey Warner Coleman & Goggin, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:21-cv-00860
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com