A Pennsylvania man is taking legal action against a local borough and several of its officials, alleging unlawful arrest and malicious prosecution. On August 15, 2024, Jerry D. Brown filed a complaint in the United States District Court for the Middle District of Pennsylvania against the Borough of Harveys Lake, Mayor Michael Rush, Chief of Police Charles P. Musial, Officer Greg Johnson Jr., and Manuel Santayana.
According to the complaint, Brown claims his constitutional rights were violated under the First, Fourth, and Fourteenth Amendments due to discriminatory and retaliatory actions by the defendants. The issue began with a construction contract dispute between Brown and Santayana, who owns Speed Hound Landings LLC. Brown alleges that after entering into an oral agreement to build a dock and house for Santayana in early 2021, Santayana failed to select necessary materials for the project but still demanded progress.
Brown details that he had spent significant amounts on materials out-of-pocket but faced unilateral delays from Santayana. The relationship soured further when Santayana allegedly coerced Brown into signing a blank contract by withholding payments. By December 2021, Santayana terminated Brown's services citing contractual expiration and inspection failures of a retaining wall built by Brown.
The situation escalated in April 2022 when Santayana filed a police report accusing Brown of theft related to the construction materials. This was followed by public pressure from Santayana at borough council meetings demanding action against both Brown and his girlfriend Maureen Oremus, who was accused of improperly referring business to him as a borough code officer.
Under mounting pressure from these allegations and seeking to dispel any appearance of impropriety or scandal within the borough administration, Mayor Rush and Chief Musial allegedly conspired with Santayana to have Brown arrested. On August 15, 2022, officers arrived at Brown’s home with an arrest warrant; he was taken into custody but later released on bail.
Brown asserts that the affidavit supporting his arrest contained false statements about contract terms regarding materials which were never specified. He claims this demonstrates either gross negligence or intentional malfeasance by Chief Musial. The charges against him were eventually dropped on November 30, 2022, due to lack of prosecutorial merit.
In his lawsuit, Brown seeks compensatory damages for loss of liberty, emotional distress, reputational harm as well as punitive damages against individual defendants for their reckless indifference to his constitutional rights. He also demands attorney fees under federal statutes.
Representing Jerry D. Brown is Lynn I. Banta from The Banta Law Group PLLC while the case will be presided over by Judge Malachy E. Mannion under Case ID: 3:24-cv-01379-MEM.