WILLIAMSPORT – Two current Williamsport police officers and one who resigned have lost their court claims of retaliation for speaking out about corruption, fraud, waste, abuse and mismanagement within the department.
U.S. Middle District Judge Matthew W. Brann on Monday dismissed for the same reason suits brought against Sgt. Jody Miller, Officer Dustin Reeder and former Capt. Donald R. Mayes Jr.
The judge found that they spoke as members of the police department and not as citizens and thus their comments were not protected speech under the First Amendment.
Allegations the three raised occurred during and just after the period when former state police captain David J. Young was chief. He resigned in January 2019.
His attempt to reform the department was marked by an onslaught of grievances, unfair labor practice complaints and lawsuits.
Miller was the patrol captain and Mayes headed the investigation and special services division under Young. Reeder was on special assignment.
Miller and Mayes claimed in their suits they made known their concerns about the police department to City Council members, former Mayor Gabriel J. Campana, former city finance director William E. Nichols and other city officials.
Brann found “not plausible” Miller’s claim it was his duty to identify areas of significant concern but not his job to speak about his findings.
Miller and Mayes in their suits cited concern about corruption but neither identified any criminal misconduct, the judge wrote.
Reeder claimed he was severely disciplined for speaking out in support of police reform but Brann found he did so as a close assistant to Young and not as citizen.
He contended he was demoted from sergeant, suspended 30 days without pay and falsely accused of tampering with public records in violation of his free speech rights.
He accused current Mayor Derek Slaughter, Lt. Fred Miller IV (no relation to Jody Miller) and Police Chief Damon R. Hagan of engaging in blatant and malicious retaliation.
Campana named Jody Miller chief following Young’s resignation. But Miller spurned the appointment to become supervisor of pupil transportation and school police officer of the Williamsport Area School District.
After a retired officer chose not to take the job, Campana promoted Hagan to chief.
Miller stayed on the force instead of taking the school position because he claims he failed to get a separation agreement that Campana promised.
He remained a captain briefly with no responsibilities before being demoted to his former rank of sergeant and assigned as a school resource officer.
Mayes, who Hagan demoted his former rank of agent while on sick leave, contended he had no recourse but to resign March 11, 2019, because of stress, health and mental issues that resulted from the lack of equal treatment and support.
Defendants in the Miller and Mayes suits were Campana, Hagan and Nichols. Miller also named Fred Miller as a defendant.
Brann refused to allow Miller, Mayes and Reeder to file second amended complaints because he said their theories of their cases remains unchanged from the original complaint he had dismissed.
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