Date: 09-16-2024

Case Style:

Donna Davis Javitz v. Shelby Watchilla, et al.

Case Number: 3:23-CV-01135

Judge: Karoline Mehalchick

Court: United States District Court for the Middle District of Pennsylvania

Plaintiff's Attorney:

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Defendant's Attorney: Matthew John Carmody; Daniel S. Strick, Jennifer Menichini; Joseph J. Joyce, III; Francessco J. Grieco

Description:

Scranton, Ohio civil rights lawyer represented the Plaintiffs.

On November 14, 2023, Plaintiff Donna Davis Javitz (“Javitz”) filed an amended complaint in this matter, asserting various civil rights claims under § 1983 against Defendants Shelby Watchilla (“Watchilla”), Romilda Crocamo (“Crocamo”), and Luzerne County (“Luzerne County” or the &ldquo ;County”) (collectively, “Defendants”).[1] (Doc. 53-1). Presently before the Court is a motion to dismiss filed by Defendants Crocamo and Luzerne County. (Doc. 56). For the following reasons, Defendants' motion to dismiss shall be GRANTED. (Doc. 56).

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Crocamo was a Pennsylvania resident and the Chief County Solicitor and Acting Manager for Luzerne County. (Doc. 53-1, ¶ 4). During the fall of 2014, shortly after Javitz was hired as Director of Human Resources for Luzerne County, a county employee allegedly illegally recorded Javitz while she was conducting a labor misconduct investigation. (Doc. 53-1, ¶¶ 11, 14-15).

In early 2015, Javitz received detailed notes of meetings Javitz had with Luzerne County employees. (Doc. 53-1, ¶¶ 14-15). Javitz alleges that these notes “could only have been made through an illegal recording in violation of the Pennsylvania Wire Tap Act.” (Doc. 53-1, ¶ 15).

Javitz reported this suspected criminal activity to her manager, David Parsnik and the Chief County Solicitor, David Pedri, who she alleges did nothing to investigate the report or the employee purportedly responsible for the report. (Doc. 53-1, ¶ 16-17). In March 2015, Javitz reported the recording to District Attorney Salavantis. (Doc. 53-1, ¶ 17-19). During Javitz's meeting with Salavantis, she identified a union member and employee of the District Attorney's office as the possible employee who made the recordings. (Doc. 53-1, ¶ 19). Salavantis allegedly said she would refer the case to the Pennsylvania Attorney General's Office, but never did. (Doc. 53-1, ¶ 21). Javitz met with Salavantis again in June of 2015 to inquire about the investigation was informed that County Manager David Lawton told Salavantis not to investigate the matter. (Doc. 53-1, ¶ 22). After her initial report to the District Attorney in March 2015, Javitz alleges that County Managers Parsnik and Lawton began retaliating against her until the time of her termination in October 2015. (Doc. 53-1, ¶¶ 24). Javitz alleges she was never given a reason for termination by Luzerne County. (Doc. 53-1, ¶ 26). Javitz reported the crime herself to the Attorney General's Office in November 2015. (Doc. 53-1, ¶ 23).

Outcome: Motion to dismiss granted.

Plaintiff's Experts:

Defendant's Experts:

Comments: