Aug 10, 2015 5 min read

A former Washington County Juvenile Probation Department supervisor who sued the county and his former bosses in federal court now finds his case in Washington County Court.

Gregory Thomas of Monongahela claims he was fired in retaliation for reporting wrongdoing by his former chief, Daniel Clements.

He sought redress in March in U.S. District Court, Pittsburgh, saying he was forced from his position after he was interviewed by detectives in regard to allegations about Clements, the former chief of probation who has since been charged with pocketing money intended to fund mixed-martial arts training. Clements was charged criminally last October, and he is scheduled for sentencing later this month.

Named as defendants are Washington County, Clements, court administrator Patrick Grimm and former deputy court administrator Thomas Jess.

Thomas, who began working with the department in 2009, claims he was suspended Sept. 26, after the investigation into Clements began.

Clements is charged with theft by deception and tampering with public records. He worked for the county since 1994 and retired prior to his arrest last October. He pleaded guilty to theft and tampering with records May 30 in Washington County Court.

In the complaint, Thomas said he and juvenile probation staff members had to complete 40 hours of training each year. In July of last year, Thomas alleged that Clements directed him to type an email to the county purchasing department stating that training in mixed-martial arts had occurred June 6 and 7.

“Clements told Thomas exactly what to write in the email to purchasing, including that the training had been conducted by Justin Waters,” the suit states. “At some point after this, Clements received the funds for the training from the purchasing department.” Clements said he had attended the training, but Thomas never knew if the sessions took place, and Thomas stated he had never attended this training.

In September, the district attorney’s office began an investigation concerning misappropriation of funds by the Juvenile Probation Office.

Thomas claims he was notified of the investigation by Jess and Grimm and was told he had done nothing wrong. Shortly thereafter, he was suspended without reason, the lawsuit alleges. After his suspension, Thomas claims Clements told him he was to “tell the detectives with the district attorney’s office that both Thomas and Clements had attended the mixed martial arts training that purchasing had approved, even though this was not true,” the suit says.

On Oct. 7, Thomas said he was interviewed and told investigators he never attended the training. Grimm then called Thomas and told him to report to his office the following day. During the Oct. 8 meeting with Grimm, Thomas claims he was open about what he said to detectives. In response, Thomas claims Grimm gave him the choice of resigning or being fired, and told him he would “not tolerate any deception in the courthouse.”

Thomas said he had no choice but to resign. Clements was arrested and arraigned Oct. 10.

Thomas is seeking a jury trial and unspecified damages. In the lawsuit, Thomas also refers to an August 2012 meeting he said was held by former Washington County President Judge Debbie O’Dell Seneca. Thomas claims the meeting was held shortly after an anonymous letter was sent to the Juvenile Court Judges Commission claiming Clements was making inappropriate recommendations to place children at a treatment center where his then-girlfriend worked.

During the meeting, O’Dell Seneca told the staff if anyone negatively discussed the office or Clements, he or she would be fired, the suit alleges.

U.S. District Court Judge David Stewart Cercone dismissed Thomas’ First Amendment claim and sent the remaining whistleblower allegations to state court. Thomas is seeking lost wages, fringe benefits, compensatory and punitive damages as well as attorneys’ fees and costs.

A second whistleblower lawsuit against the county is pending in the Third Circuit Court of Appeals. David Scrip, 53, of Monongahela, claims O’Dell Seneca and Jess fired him after he reported Clements regarding the placements with Abraxas Youth and Family Services, a youth treatment and detention center. Clements also is named as a defendant in that lawsuit.

The Administrative Office of Pennsylvania Courts investigated the claims about the Abraxas placements and found no “substantial increase” in the number of children being placed in the center. However, the AOPC did issue secondary findings including poor office morale, lack of transparency in management decisions and poor organizational communication.

In June, U.S. District Judge Terrence F. McVerry threw out some of Scrip’s claims and sent others back to Washington County Court to be decided. Scrip’s attorney, Noah Geary, last month filed an appeal with the Third Circuit in Philadelphia.

O’Dell Seneca since retired from the bench. Her December retirement announcement came weeks after she was relieved of her administrative duties by the state Supreme Court. Jess’s position was cut in February, and he is no longer employed by the county.