FIRM WINS SUMMARY JUDGMENT IN FIRST AMENDMENT AND DUE PROCESS CLAIMS

The United States District Court for the Middle District of Pennsylvania granted Elliott Greenleaf’s Motion for Summary Judgment on behalf of the Mayor, Fire Chief and the City of Wilkes-Barre in an Americans with Disabilities Act (“ADA”), First Amendment and Due Process case brought by a former City of Wilkes-Barre Deputy Fire Chief, who claimed that he was demoted and subsequently constructively discharged due to his political support of a prior administration and due to an alleged disability.

Holding that a right-to-sue letter is a precondition to a proper Title I ADA claim, the Court found that the plaintiff failed to get his right-to-sue letter prior to filing suit. The Court further granted summary judgment on the plaintiff’s political affiliation and due process claims holding them untimely in that the cause of action accrued on February 13, 2004 when the Mayor demoted the plaintiff to private and eliminated his previous position of Deputy Fire Chief from the City’s budget, not when he retired several months after his demotion.

John G. Dean and Paula L. Radick of the Firm’s Wilkes-Barre office successfully represented the City of Wilkes-Barre, its Mayor and Fire Chief.

Blue Bell
Elliott Greenleaf
& Siedzikowski, P.C.
925 Harvest Drive
P.O. Box 3010
Blue Bell, PA 19422
Phone: (215) 977-1000
Fax: (215) 977-1099
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Philadelphia
Elliott Greenleaf
1818 Market Street
Suite 3750   
Philadelphia, PA 19103
Phone: (215) 977-1000
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Harrisburg
Elliott Greenleaf & Balaban
Governors' Row
27 North Front Street
Harrisburg, PA 17101
Phone: (717) 234-3282
Fax: (717) 233-4264
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Scranton
Elliott Greenleaf & Dean
PNC Bank Adm. Building
201 Penn Avenue, Suite 202
Scranton , PA 18503
Phone: (570) 346-7569
Fax: (570) 969-2890
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Wilmington
Elliott Greenleaf
1105 Market Street, Suite 1700
Wilmington, DE 19801
Phone: (302) 384-9400
Fax: (302) 384-9399
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Wilkes-Barre
Elliott Greenleaf & Dean
39 Public Square, Suite 1000
Wilkes-Barre, PA 18702
Phone: (570) 371-5290
Fax: (570) 371-5550
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