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Todora v. Buskirk

Commonwealth Court of Pennsylvania

July 7, 2014

Anthony Todora, Appellant
v.
Todd Buskirk, Connie Sutton-Falk, John Stoffa, and the County of Northampton

Submitted June 16, 2014

Page 415

Appealed from No. C-0048-CV-2009-12110. Common Pleas Court of the County of Northampton. McFadden, J.

Brian M. Monahan, Easton, for appellant.

Gerard J. Geiger, Stroudsburg, for appellees.

BEFORE: HONORABLE BERNARD L. McGINLEY, Judge, HONORABLE RENÉ E COHN JUBELIRER, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge. OPINION BY JUDGE McCULLOUGH.

OPINION

Page 416

PATRICIA A. McCULLOUGH, Judge.

Appellant Anthony Todora (Plaintiff) appeals from the September 20, 2013 order of the Court of Common Pleas of Northampton County (trial court) granting the motion for summary judgment filed by Todd Buskirk, Connie Sutton-Falk, John R. Conklin,[1] John Stoffa, and the County of Northampton (collectively, Defendants). We affirm.

Plaintiff was employed by the Northampton County Prison as a corrections officer from 1989 to 2008.[2] On November 18, 2005, Plaintiff and other corrections officers filed a complaint with the trial court alleging that they were exposed to toxic mold during their employment at the prison[3] (the " mold lawsuit" ).[4] On March 1, 2010, the trial court dismissed the mold lawsuit following the grant of summary judgment in favor of the defendants.

On November 24, 2008, Plaintiff and Vincent Ferraro filed a complaint against the above-named defendants in the United States District Court for the Eastern District of Pennsylvania, asserting causes of action based primarily upon a First Amendment retaliation claim. Plaintiff alleged that, after filing the mold lawsuit, he was unfairly disciplined in retaliation for exercising his First Amendment rights. The district court transferred the matter to the trial court by order dated September 22, 2009.[5]

Defendants filed a motion for summary judgment on Plaintiff's retaliation claims on March 26, 2013.[6] Plaintiff filed a response,

Page 417

to which Defendants filed a reply. The trial court granted the motion for summary judgment, and ...


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