Apr 13, 2017 3 min read

More than two years after President Judge Debbie O’Dell Seneca was relieved of administrative duties, then left the Washington County bench, a lawsuit from a former court employee who maintains he was fired because of whistleblower letters he wrote was argued last week before a senior judge.

David Scrip of Monongahela reported anonymously to O’Dell Seneca and other members of the state judiciary what he viewed as a conflict of interest in the Washington County juvenile probation office where he worked.

Senior Judge William Nalitz heard arguments Thursday on bids by the defendants’ attorneys to have the case dismissed.

Scrip was fired in February 2014. He claimed he lost his job because of retaliation for raising concerns about a relationship between then-juvenile probation chief Daniel Clements, who was his direct supervisor, and a woman who worked at Abraxas Youth and Family Services. Scrip alleged in a federal lawsuit filed in August 2015 O’Dell Seneca and Tom Jess, former director of probation services, fired him because he reported the relationship, claiming Clements coerced recommendations from subordinates to place children at Abraxas facilities.

Both a U.S. District Court judge and the 3rd Circuit Court of Appeals dismissed Scrip’s First Amendment claim. Two other claims were sent to state court.

Robert Grimm, an attorney representing the county, Jess and Clements, emphasized the length of time between Scrip’s letter-writing and the termination of his job.

“Even if he was speaking as a private citizen, writing letters in July and August 2012, he was not terminated until 2014,” Grimm told the judge as part of his attempt to have the suit dismissed.

Among the arguments Grimm and an attorney representing O’Dell Seneca raised in court filings was that the defendants were protected from being sued and that the whistleblower law doesn’t apply to employees of the judiciary – assertions Scriup’s attorney, Noah Geary, had disputed, arguing the claims were sufficient for the lawsuit to move forward in state court.

Geary said Wednesday that even if Nalitz finds the court officers had judicial immunity for their official actions, he has also sued the defendants in their individual capacities and therefore should be allowed to proceed. He added former Chief Justice Ronald Castile granted an explicit intent to give whistleblowers from all three branches of government the right to sue if retaliated against.

Nalitz did not rule from the bench but took the matter under advisement.

Clements, now 49, of Aliquippa, Beaver County, pleaded guilty to theft by deception and tampering with evidence in May 2015 stemming from pocketing state taxpayer funds meant for mixed-martial arts training, a form of self-defense the probation department has since dropped. Investigators alleged that the training never occurred. Clements was placed on probation for 36 months and ordered to pay $3,600 in restitution.

Jess’ position was eliminated in February 2015 by the county salary board.