Mar 2, 2015 2 min read

A federal court judge dismissed a false arrest lawsuit the mayor of Monongahela filed last year against a district judge and Washington County’s district attorney.

U.S. Judge Mark R. Hornak Friday ruled District Judge Mark Wilson “is barred by the doctrine of absolute judicial immunity” in dismissing the lawsuit Monongahela Mayor Robert Kepics filed in September after he was briefly jailed under a privately filed criminal complaint, court records show.

Hornak also dismissed the case against the other defendant, Washington County District Attorney Gene Vittone, agreeing with his argument that he didn’t approve the charge against Kepics, or prosecute him in the case.

Kepics filed the lawsuit in U.S. District Court in Pittsburgh, and also claimed he was a victim of malicious prosecution and retaliation against his First Amendment rights after Wilson sent him to Washington County jail for owing $2,200 to a New Eagle couple.

John and Shirley Amon claimed the mayor owed them the money under a personal loan and they filed a felony count of theft against him at Wilson’s office. An assistant district attorney approved the charge, and Vittone then immediately withdrew it after learning that Kepics had been jailed because he could not immediately post the bond Wilson set.

Kepics said Monday he was “working on an appeal” and declined further comment.

Wilson said he believed the lawsuit was a “frivolous action.”

“I hope Mr. Kepics and his team were able to attain some degree of solace by realizing (their) futile attempt to discredit me cast a slight pall over my courtroom where justice truly is for all, including elected officials,” Wilson stated in a release.

Vittone said he expected the lawsuit to be dismissed from previous discussions he had with his attorney.

“I maintained all along that I did the right thing,” Vittone said Monday.