Old Forge officials want a federal judge to throw out a lawsuit brought against the borough and its Police Department by a young woman claiming the police chief, captain and a former firefighter sexually assaulted her when she was 15.
In court papers filed Friday, the borough says the now 23-year-old woman's suit "wildly asserts" that borough officials knew about the sexual encounters with Chief Larry Semenza, 48.
They asked U.S. District Judge Robert D. Mariani to dismiss all four counts against the borough and its Police Department. The suit claims the borough did not have policies that might have protected the victim, including a ban on adults staying overnight in hotels with minors.
Chief Semenza and the then-15-year-old girl traveled together and stayed at hotels, according to the lawsuit filed in November.
The borough also asked the judge to make the woman disclose her name publicly. Her suit is a Jane Doe filing.
The borough "respects the fact that most reputable news organizations will not publish the names of alleged victims of sexual assaults. This is laudable and appropriate," the filing stated. "However ... parties to federal suits must litigate under their real names."
The Times-Tribune does not identify victims of sexual abuse.
After several years of silence, the woman in May told investigators she was sexually assaulted by Chief Semenza, police Capt. Jamie Krenitsky, 34, and former firefighter Walter Chiavacci, 47, from 2004 to 2007.
This month, Mr. Chiavacci pleaded guilty to indecent assault, which carries a maximum sentence of two years in prison.
Chief Semenza and Capt. Krenitsky, who remain suspended without pay, are accused of sexually assaulting the victim at Fire Department headquarters. Both officers deny the charges. Their trials are expected to begin early next year.
In its motion, the borough argues local governments "are responsible only for their own illegal acts." They cannot be held liable for their employees' actions, unless there is evidence that an "official municipal policy" contributed to the criminal activity.
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