Deforte v. Borough of Worthington

• Decision Date: 04 March 2019
• Docket Number: 2:16-cv-113,2:16-cv-67
• Parties: William DEFORTE, Plaintiff, v. The BOROUGH OF WORTHINGTON et al, Defendants.
• Court: U.S. District Court — Western District of Pennsylvania

364 F.Supp.3d 458

William DEFORTE, Plaintiff,

v.The BOROUGH OF WORTHINGTON et al, Defendants.

2:16-cv-67

2:16-cv-113

United States District Court, W.D. Pennsylvania.

Signed March 4, 2019

Lawrence E. Bolind, Jr., Imperial, PA, for Plaintiff.

Sheryl L. Brown, Eric M. Brown, Jonathan P. Riba, Siana, Bellwoar & McAndrew, Chester Springs, PA, Alan T. Shuckrow, Erica L. Laughlin, Strassburger, McKenna, Gutnick & Gefsky, Pittsburgh, PA, for Defendants.

OPINION

Mark R. Hornak, Chief United States District JudgePlaintiff William DeForte was fired from his position as Chief of Police of Worthington Borough after failing to provide security for the town's annual Halloween Parade. The Pennsylvania State Police, acting on information provided by Borough officials, then investigated a series of suspicious firearms transfers, stolen police radios, and stolen cash from a prostitution sting operation. This investigation ultimately led the Armstrong County District Attorney's Office to charge Plaintiff with multiple theft-related crimes. The charges were eventually dropped, and Plaintiff sued several Borough officials and the Pennsylvania State Police Corporal responsible for the investigation under federal and state law. Under Plaintiff's theory, the Defendants knowingly fabricated inculpatory evidence and ignored exculpatory evidence in an effort to destroy Plaintiff's career as a police officer. Defendants have moved for summary judgment on all of Plaintiff's claims. For the reasons that follow, Defendants' motions will be granted.

I. BACKGROUND

A. Facts

The following material facts are undisputed¹ unless otherwise noted.

i. Worthington Borough and the Parties

Worthington Borough has a population of between 500 and 600 people and occupies an area of less than one square mile. (Defs.' Joint Statement of Undisputed and Material Facts ("Defs.' SUMF"), ECF No. 108, ¶ 5; Plaintiff's Response to Defendant's Joint SUMF ("Pl.'s Response"), ECF No. 147, ¶ 5.)² Plaintiff William DeForte was the Chief of Police of the Worthington Borough Police Department ("Worthington PD" or "Department") from March, 2010, to October, 2012. (Defs.' SUMF, ¶¶ 1, 7.) Defendant Kevin Feeney was the Mayor of Worthington Borough from 2005 to 2016. (Defs.' SUMF, ¶ 2.) Defendant Gerald Rodgers was the Chief of the Worthington PD from November, 2012, to October, 2016. (Defs.' SUMF, ¶ 3.) Defendant Corporal Joseph Zandarski is a Pennsylvania State Police ("PSP") Trooper. (Defs.' SUMF, ¶ 4.)

DeForte and Rodgers did not always get along, and but DeForte was responsible for promoting Rodgers to Sergeant. (Pl.'s Statement of Undisputed and Material Facts ("Pl.'s SUMF"), ECF No. 133, ¶ 10; Defs.' Joint Response to Pl.'s SUMF ("Defs.' Response") ECF No. 135, ¶ 10.)

ii. Firearms Purchases

As Chief of Police, DeForte reported to the Borough Council and Defendant (then-Mayor) Feeney. (Defs.' SUMF, ¶ 8.) DeForte could purchase guns and other equipment for the Department through the Borough. (Defs.' SUMF, ¶ 11.) According to the Borough Code, Feeney was responsible for overseeing the Department, but did not have the authority to make purchases for the Department. (Defs.' SUMF, ¶ 9.)³ The Borough Council would appropriate funds if it approved a recommended purchase. (Defs.' SUMF, ¶ 10.) The Borough would maintain ownership of any purchased firearms. (Defs.' SUMF, ¶ 12.)⁴

DeForte used grant funds to purchase a lower assembly for an Armalite M15 (an AR-15 style rifle) for the Borough. (Defs.' SUMF, ¶ 13.) Worthington Borough owned the lower assembly. (Defs.' SUMF, ¶ 14.) The Borough purchased the upper assembly for the M15 on April 19, 2011. (Defs.' SUMF, ¶ 15.)⁵

On May 31, 2012, DeForte drafted a document purporting to transfer ownership of the assembled Armalite M15 to Rodgers upon his separation from the Department, provided that Rodgers worked for the Department for twelve months. (Defs.' SUMF, ¶ 19; Defs.' Ex. F, (May 12, 2012 Memo.") ) DeForte presented this document to Feeney, who signed multiple copies of it. (Defs.' SUMF, ¶¶ 20 & 22.) At some point, Rodgers requested a receipt of purchase and DeForte gave him the document. (Defs.' SUMF, ¶ 21.)

iii. Prostitution Sting

In late August or early September, 2012, DeForte initiated a prostitution sting operation in the Borough, targeting individuals attempting to solicit undercover officers. (Defs.' SUMF, ¶ 23.) Officers Nicole Traister and Evan Townsend helped DeForte execute the sting. (Defs.' SUMF, ¶ 25.) Traister placed the money obtained from each sting operation in separate evidence envelopes, which DeForte in turn placed in the Department's evidence locker. (Defs.' SUMF, ¶ 26.) Apparently on DeForte's orders, Traister did not identify the type of bills placed in the envelopes. (Defs.' SUMF, ¶ 27.)⁶ As Chief of Police, DeForte had the key to the evidence locker. (Defs.' SUMF, ¶ 28.) It is disputed whether Feeney, in his capacity as Mayor, had a second key to the evidence locker. (Defs.' SUMF, ¶ 28; Pl.'s Response ¶ 28.)⁷

iv. Pine Township Police Department

During his tenure at the Worthington PD, DeForte was also involved in attempting to get a police department for Pine Township up and running. (Defs.' SUMF, ¶ 29.) On October 10, 2012, DeForte advised the Worthington Borough Council that Pine Township was interested in buying a 1998 Crown Victoria from the Borough, as a police car. (Defs.' SUMF, ¶¶ 30–32.) The Worthington Borough Council held discussion, noted that the Crown Victoria would need its radio taken out before selling it, and then voted to authorize the sale of "the 1998 police car to Pine Township as is for $ 1,000.00 and a hand held portable radio." (Defs.' SUMF, ¶¶ 31–32.)⁸ On October 15, 2012, DeForte then emailed the Pine Township Secretary, stating "[c]an you get a check to Worthington Borough for $ 1000.00? I also obtained two radios, a brand new light bar and front crash bar for free." (Defs.' SUMF, ¶ 33.)

On November 2, 2012, Pine Township's Township Supervisor, Clyde Moore found two Kenwood-brand radios with chargers that did not belong to Pine Township in the area designated for the police department. (Defs.' SUMF, ¶ 34.)⁹ He turned the radios over to the Pennsylvania State Police, who placed them into evidence. (Defs.' SUMF, ¶¶ 35–36.) Feeney identified the two radios as belonging to Worthington Borough. (Defs.' SUMF, ¶ 38.)¹⁰

Ten days later, on November 12, 2012, Pine Township's Meeting Minutes reflected that its fledgling police department had been disbanded, that "some of the officer[s] brought items from Worthington Borough to Pine Township and were not authorized to do so," and that "[t]he items were given back to Worthington Borough and Clyde Moore met with the Pennsylvania State Police regarding the stolen items." (Defs.' SUMF, ¶ 37.)

v. October 26, 2012

On October 26, 2012, the Borough held its annual Halloween parade. (Defs.' SUMF, ¶ 39.) Although police presence was expected, Feeney began to receive calls from Borough residents wanting to know where the police officers were not at the parade. (Defs.' SUMF, ¶ 41.)¹¹ DeForte had attempted to organize a sit-out of the officers because he believed Feeney had improperly taken the Department's computer system. (Defs.' SUMF, ¶ 42.)

Feeney arrived at the Department at approximately 7:30 p.m., but DeForte would not address his concerns about the lack of police presence at the parade. (Defs.' SUMF, ¶ 43–44.) Feeney then suspended DeForte for neglect of duty, until the Borough Council meeting scheduled for November 5, 2012. (Defs.' SUMF, ¶ 45.)¹² DeForte left, taking a number of items, including gun cases, a TV, a Blu-Ray player, a surround-sound system, his JNET log and logbook, and other items. (Defs.' SUMF, ¶ 46; Defs.' Ex. A, ECF No. 115–2, DeForte Dep., at 58; Pl.'s Response ¶ 46.)¹³ DeForte was terminated as Chief of Police at the November 5, 2012, Council Meeting. (Defs.' SUMF, ¶ 47.)

vi. Evan Townsend

DeForte spoke to Borough Officer Evan Townsend after he was suspended and told Townsend what happened. (Defs.' SUMF, ¶ 48.) Townsend, thinking he would also be fired, went to the Department at approximately 2:00 a.m. on October 28, 2012, to return his rifle and Taser and to pick up personal items belonging to him and DeForte. (Defs.' SUMF, ¶ 49.) Townsend opened the gun safe to return his rifle (another Armalite M15 rifle, property of Worthington Borough) and Taser. (Defs.' SUMF, ¶ 51.)¹⁴ DeForte had told him to put the rifle back in the safe. (Defs.' SUMF, ¶ 53.) The gun safe was accessible to anyone in the Department, as well as Borough Secretary David Conoran. (Defs.' SUMF, ¶ 54.)

Townsend removed a plastic "mailbox" containing court documents for all Borough police officers. (Defs.' SUMF, ¶ 56.) Townsend took photographs¹⁵ of the gun safe's interior. (Defs.' SUMF, ¶ 57.) He also photographed the evidence locker and other miscellaneous items taken from the department. (Defs.' SUMF, ¶ 58.) Townsend's photograph of the gun safe, reproduced below, shows an unidentified folder in the lower righthand corner. (Defs.' SUMF, ¶ 60; Exhibit M, ECF No. 108–14.)

vii. Suspicions of a Break-in at the Police Department

Rodgers arrived at the Department in the morning of Sunday, October 28, 2012, to prepare for court on Monday morning. (Defs.' SUMF, ¶ 61.) He noticed the mailbox was missing, as well as a bank of radios. (Defs.' SUMF, ¶ 62–63.) He called Feeney to inform him of the missing items. (Defs.' SUMF, ¶ 64.) Feeney arrived and observed that filing cabinet drawers were out and personal lockers were open. (Defs.' SUMF, ¶ 65–66.) The gun safe and the evidence locker were both locked. (Defs.' SUMF, ¶ 67–68.) Feeney and Rosen did not take any photographs at the Department on October 28, 2012. (Defs.' SUMF, ¶ 83.)¹⁶ On October 29, 2012, DeForte brought a Borough laptop and power cord to the PSP barracks. (Defs.' SUMF, ¶ 84.)

On the morning of October 31, 2012, more suspicious changes were discovered. (Defs.' SUMF, ¶ 71.) The window in the Borough meeting room appeared...