Former Donora police superintendent sues borough over firing
Donora’s former police superintendent filed suit against the borough Thursday in U.S. District Court over his termination.
James Brice, 69, contends in the lawsuit that he was unjustifiably terminated, is a victim of age discrimination and his constitutional rights were violated. The suit states he has suffered emotional distress, damage to his reputation and economic damages, along with loss of employment and benefits.
Brice is seeking reinstatement to the police superintendent position, back pay and other benefits and legal fees.
Council voted to fire Brice on Aug. 22, 2022, after 33 years as superintendent and more than 40 years with the department. Intoxication on the job, failure to respond to 911 and backup calls, allowance of unauthorized access to police databases and failure to follow certain directives from council were among allegations revealed during Brice’s hearing before the civil service commission Jan. 26, 2023. Brice denied those allegations.
The civil service commission voted in April to uphold council’s decision to fire Brice.
Brice filed a complaint with the Equal Employment Opportunity Commission (EEOC) Jan. 18, claiming age discrimination, the suit states. The EEOC issued a notice of right to sue June 13.
The suit cites Brice’s contract with the borough, contending that he could be fired for certain reasons, such as neglect of an official duty, violation of any law if the violation constitutes a misdemeanor or felony and intoxication while on duty.
“Defendant breached the contract in that the plaintiff was not terminated for any of the permissible reasons in the contract,” the suit states.
The lawsuit also claims any charge of Brice being intoxicated on duty is false.
“No formal report or complaint was ever filed regarding any such allegation against the plaintiff,” according to the suit.
The lawsuit also claims that Councilman Joseph Greco held a bias against Brice and initiated the action against Brice.
“Almost immediately upon his installation to the defendant’s council, Mr. Greco took steps to oust the plaintiff from his leadership role within the defendant’s police department,” the lawsuit reads. “Mr. Greco attempted to force the plaintiff into an early and unplanned retirement through various means.”
Greco served as a member of the civil service commission for the hearing, but recused himself before the final vote was taken.
In addition, the suit states Brice was not provided with specific allegations against him until a Loudermill hearing was held Aug. 10, 2022.
Brice declined to comment on the lawsuit.
Neither his attorney, Massimo Terzigni, nor Chris Gabriel, representing the borough, could be reached for comment Friday.