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Juvenile probation office lawsuit awaiting ruling

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A federal whistleblower lawsuit filed by a former Washington County juvenile probation officer claiming he was “unlawfully fired” after he reported that the county’s then-chief probation officer was making inappropriate recommendations to place children at a treatment center where his girlfriend worked is currently at an standstill, as two attorneys representing the defendants have filed motions to dismiss the case. A ruling on the matter is not immediately expected.

David Scrip, 53, of Monongahela, filed the lawsuit in August and claims former Washington County President Judge Debbie O’Dell Seneca and Thomas Jess, the former director of the county’s probation services, fired him after he anonymously reported Daniel Clements, who was his direct supervisor as director of the county’s Juvenile Probation Office, was having an intimate relationship with a woman who worked at Abraxas Youth and Family Services, a youth treatment and detention center. Clements also is named as a defendant in the lawsuit.

Scrip believed the relationship was a conflict of interest, and Clements coerced recommendations to have children placed at the facility to benefit his girlfriend, Beth Stutzman, whose job it was to solicit juvenile probation departments to send children to her company’s facilities, the suit states. She previously worked with the probation department but left in September 2011 to work with Abraxas, according to the lawsuit.

The attorneys representing the defendants filed motions to dismiss the case in October. Attorney Robert Grimm, who represents Jess, Clements and the county, argues that Jess and Clements have immunity from the suit under the state constitution, and that the county cannot be held liable for alleged actions taken by the juvenile probation office or its employees because the office is “an arm of the courts and the state government.”

Grimm also argues that the constitution bars whistleblower claims brought against state employees. The motion also claims that lawsuit against the county should be dismissed because “Washington County was never Scrip’s employer.”

“Scrip, as a juvenile probation officer, was at all times working for the Unified Judicial System and thus the commonwealth,” Grimm said.

Grimm also made a motion to strike all “immaterial, impertinent and scandalous matter” from the case, including the accusation that O’Dell Seneca eavesdropped on hearings and the mention of the “Kids for Cash” scandal that occurred in Luzerne County. Scrip’s attorney, Noah Geary, said that because of the Kids for Cash scandal, Scrip was abiding by the new code of conduct for employees of the state court system when he alerted officials to the “unethical practices.”

The code of conduct was revamped after the 2011 scandal in Luzerne County, where two judges were accused of accepting money from a builder of juvenile facilities in return for contracting with the facilities and imposing lengthy juvenile sentences.

“Scrip’s distracting and inflammatory references to Kids for Cash scandal and his absurd tactless allegations of wiretapping and eavesdropping must be struck from the complaint,” Grimm said. “Such baseless and mean-spirited accusations are irrelevant to the causes of his action.”

Grimm declined comment when contacted Tuesday.

O’Dell Seneca’s attorney, Michael Daley of the Administrative Office of Pennsylvania Courts, argued that Scrip’s lawsuit failed to bring about a claim against O’Dell Seneca and that the retired judge is immune from litigation. The AOPC declined to comment.

Geary said the defense is “nitpicking,” and that most of the issues can be addressed during the discovery phase, where evidence can be obtained from opposing parties. In his response to the motions to dismiss filed last week, Geary argued that the information presented was pertinent to the case and to public knowledge. Geary said the defense “flip-flops” as to whether Scrip’s employer was the county or the state.

“I am confident that we will get by their motions and move into discovery,” he said.

Geary said he expects a decision in the matter by early spring.

A great deal in Washington County has changed since the lawsuit was filed. O’Dell Seneca retired as the county’s president judge in January after being removed from her administrative duties by the AOPC in November. The president judge is responsible for overseeing the operation of the court and related offices.

Clements was arrested in October on charges of theft by deception and tampering with public records stemming from an allegation he pocketed funds that were supposed to be used for mixed-martial arts training – a form of self-defense training that the juvenile probation office has since dropped. Clements is no longer employed as chief probation officer. He is free from jail on a $25,000 cash bond. Jess’ position was eliminated last week at the county’s salary board meeting. Jess’ job of deputy court administrator included oversight of family court and probation services, but after the county’s district attorney’s office began investigating Clements, Jess was relieved of his duties overseeing the juvenile probation office.

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