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PENNSYLVANIA RECORD

Tuesday, June 18, 2024

Former park ranger alleges retaliation by Commonwealth of Pennsylvania over free speech

Federal Court
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In a federal complaint filed on May 31, 2024, in the United States District Court for the Middle District of Pennsylvania, Jonathan L. Rishel has brought forth allegations against the Commonwealth of Pennsylvania and several individuals associated with the Department of Conservation and Natural Resources (DCNR). The defendants named in the case include Rick Finnegan, Heather Bollinger, Miranda Martin, Nicholas Sherlock, Jared Fencil, and Andrew St. John.

Jonathan L. Rishel, a resident of Northumberland County, Pennsylvania, claims that his rights under the First Amendment were violated by these entities and individuals. According to Rishel's complaint, he was employed as a seasonal park ranger by the DCNR since 2015 and had maintained a positive work record until he was placed on leave on October 2, 2020. The conflict began when Rishel contacted Game Warden Rick Finnegan on November 16, 2020, to question an investigation into illegal hunting activities at Big Run Rod & Gun Club—a club where Rishel is a member but had not hunted for over ten years.

Rishel alleges that his inquiry into Finnegan's investigation led to retaliatory actions against him. On January 9, 2021, Finnegan submitted a statement to the DCNR containing falsehoods about Rishel’s conduct during their phone call. This resulted in a disciplinary hearing scheduled for March 23, 2021; however, Rishel resigned from his position on March 13 to avoid further stress and anxiety.

The situation escalated when Rishel sought re-employment with the DCNR in 2023. Despite performing well in an interview for park ranger positions at Colonel Denning State Park on May 16, negative references from former supervisors—including Nicholas Sherlock—hindered his chances. Sherlock falsely accused Rishel of using his badge to influence Game Commission matters during their phone call in November 2020.

Further compounding his difficulties were untrue statements from Heather Bollinger and Jared Fencil regarding Rishel’s professional conduct. These statements were allegedly solicited by Andrew St. John and Bollinger as part of a concerted effort to prevent Rishel from securing employment with the DCNR.

On June 21, Miranda Martin informed Rishel that his name would be removed from future DCNR Civil Service Lists due to perceived unprofessionalism linked to his prior contact with Finnegan. This decision was finalized on July 13 when Martin confirmed that Rishel would remain off all DCNR Ranger lists until July 13, 2024.

Rishel's lawsuit asserts that these actions constitute retaliation against him for exercising his right to free speech under the First Amendment. He seeks compensatory damages for lost wages and benefits as well as punitive damages for harm caused to his reputation and emotional distress.

Representing Jonathan L. Rishel is attorney Joshua J. Cochran from Schemery Zicolello law firm based in Williamsport, PA. The case is being presided over by Judge Jennifer P. Wilson under Case ID: 1:24-cv-00899-JPW.

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