A Scranton police detective's federal lawsuit against the city will not go to trial this week because a settlement has been reached.
On Wednesday, Senior U.S. District Judge A. Richard Caputo issued an order dismissing the suit brought by Detective Tim Mayo's attorney claiming the city's then-public safety director Ray Hayes tarnished the detective's character when Mr. Hayes disclosed details about his suspension to a Times-Tribune reporter in 2008.
In a letter to the judge on Monday, the detective's attorney, Cynthia Pollick, said a resolution was reached with the city.
"Kindly be advised that we have resolved this matter," she wrote in a letter to Judge Caputo, urging him to issue an order dismissing the case.
Settlement not known
The details of the settlement were not released. Efforts to reach Ms. Pollick were unsuccessful.
Tim Foley, the attorney representing the city and Mr. Hayes, referred questions to city solicitor Paul Kelly. Efforts to reach Mr. Kelly were unsuccessful.
The city suspended and fired Detective Mayo in 2008 because he refused to immediately assist in the investigation of a shooting that year.
Police were looking for two suspects who had fled the scene of a shooting at 630 Adams Ave. on June 23, 2008.
Investigators had collected physical evidence from the crime scene, including footage from a surveillance camera, which they hoped would help them identify and find the suspects.
Since the detective was the only available officer who knew how to improve the quality of the surveillance video, then-Police Chief David Elliott sent an officer to the off-duty detective's home to tell him they needed his help.
When the officer arrived, the detective said: "Tell them to go (expletive) themselves. I'm sleeping. Tell them you didn't get a hold of me." The detective was quoted making the statement by an arbitrator in a report reviewing the disciplinary measures the city took against the him.
The police union challenged the city's punishment.
'Unacceptable'
Later, the arbitrator, Stanley Aiges, ruled that the detective's actions were "unacceptable" and "insubordinate."
However, the arbitrator determined the city's decision to fire the detective was too harsh. He did not have a prior disciplinary record.
City officials reinstated him to the force. The suspects also were apprehended.
Mr. Hayes disclosed details of the detective's suspension and the detective's decision not to immediately take part in the shooting investigation to a Times-Tribune reporter. The newspaper published his disclosure in July 2008.
On Wednesday, Mr. Hayes deferred comment to the city solicitor.
In the federal lawsuit filed in 2010, Ms. Pollick argued that the incident and the disciplinary measures should never have been "leaked" to the newspaper because of provisions in the police union's collective bargaining agreement providing confidentiality for personnel matters.
"At the time of the breach of confidentiality, Detective Mayo had always enjoyed a good reputation for truth, honesty, and reliability both in his trade and in the community," the lawsuit stated. "Detective Mayo was reputed, esteemed, accepted and considered a dedicated and hardworking employee."
After Mayor Chris Doherty reprimanded Mr. Hayes for speaking about the detective's conduct to the newspaper, Mr. Hayes defended his decision.
"I've always tried to balance the public's right to know with the privacy rights of the public safety employees," he said.
Contact the writer: smcconnell@ timesshamrock.com, @smcconnellTT on Twitter