BLOOMSBURG - A judge has dismissed Northumberland County Commissioner Vinny Clausi's $3 million defamation lawsuit, filed in 2010, against two former county deputy sheriffs and their former attorney.
On Oct. 23, Columbia-Montour President Judge Thomas A. James Jr. granted summary judgment to the former deputies, Michael Boris and Joseph Jones and attorney Gregory A. Stuck. James also dismissed a countersuit the two deputies filed against Stuck.
Clausi filed the suit on his own after Boris and Jones filed a defamation and wrongful termination suit against him, Sheriff Chad Reiner and Northumberland County, after losing their jobs in a pornography-viewing scandal in January 2010. When contacted Thursday evening, Clausi was upset about the judge's ruling.
"I can't believe that after two years, when I asked for a jury trial, the case is dismissed without my day in court," Clausi said. "I told people that I was going to lose this case because of the way the system works."
An additional claim in the suit, that of wrongful use of civil proceedings, was dismissed May 29.
Clausi said he has consulted with his attorneys, Gregory T. Moro and Franklin E. Kepner, and will appeal the ruling to a higher court.
"I believe the judge is wrong with his decision," Clausi said.
In his suit, Clausi claimed abuse of process and "intentional affliction of emotional distress," asking for an award of $1 million each from Boris, Jones and Stuck.
In his 12-page ruling, James wrote about Clausi's claim of abuse of process - Boris and Jones requesting an apology from Clausi - was improper. James said one element of abuse of processes is that the process must be used primarily to accomplish a purpose for which the process was not designed, such as the apology or any other ancillary claims.
James concluded that while the apology and other claims could be stricken through preliminary objections, Clausi failed to acknowledge that Boris' and Jones's defamation suit primarily requests monetary damages.
"Seeking damages for defamation is perfectly proper and not a 'perversion of the process,'" James wrote.
James also addressed the issues of Clausi claiming the complaint was filed by Stuck solely to harm Clausi and his reputation and character rather than seek justice for individuals who had been wronged by another, his concern that he might lose one or more national accounts as the owner-operator of a construction company, his assertion that Boris and Jones filed the suit to gain publicity and damage Clausi's reputation and cause him great financial injury, and his contention that they made false statements against him simply to cause emotional distress and injury.
James said that while Clausi made allegations that the former deputies' motive was to embarrass and secure an apology, the allegations do not even "remotely rise to the level of extreme and outrageous behavior" or go "beyond all possible bounds of decency."
The background
Clausi, at a Dec. 29, 2009, commissioners meeting, said a two-week surveillance of computer use in the sheriff's department uncovered excessive, non-work-related browsing of the Internet - one occasion for 6 1/2 hours - that included viewing pornography. He said the offenses involved two employees. He never revealed their names publicly, but threatened to do so if Reiner didn't address the issue.
Clausi said the surveillance was done on the computer system countywide, and two people were immediately fired from another department for the same misuse, including viewing pornography.
On Jan. 13, 2010, Stuck filed a defamation lawsuit involving nine employees of the Northumberland County Sheriff's Office - not counting the elected sheriff - claiming Clausi's statements "impugned the good character, good names and good reputations of the entire sheriff's staff without actual proof of individual utilization by any staff member." A 10th staff member chose not to be part of the suit.
The same day, Boris and Jones were fired for violation of the county computer usage policy. The two were never directly linked to the pornography in their termination papers.
After the firing, Clausi went to the sheriff's department and apologized for what had transpired. Seven other plaintiffs subsequently withdrew from the defamation suit against the commissioner.
Stuck contended the deputy sheriffs were fired because Reiner was unable to stand up for his employees and "bowed to the pressure from the commissioners."
Boris and Jones are seeking immediate reinstatement to their prior positions along with wages lost due to their terminations, including all benefits. Each plaintiff is demanding minimum damages of $50,000, plus costs associated with filing the suit. The plaintiffs also demanded an apology from Clausi.
The county also is named in the suit because it is Clausi's principal employer and his comments were made as a commissioner.
In April 2010, Stuck withdrew as Boris and Jones's attorney, based on a conflict of interest occurring when Clausi filed his lawsuit. The two former deputies are now being represented by Douglas Engleman, of the law firm of Lepley, Engelman and Yaw of Williamsport.