Attorney: Officials protected from suit
LAG Towing said it plans to sue W-B
Leo Glodzik III, Wilkes-Barre's embattled towing contractor who threatened to sue the city this week, had not filed a defamation lawsuit as of Friday.
In a letter sent Feb. 13 by his attorney, the owner of LAG Towing warned Mayor Tom Leighton and Councilman Tony George that he will sue the city and city council for Mr. George's "false and malicious statements" made during council meetings and to local media outlets.
LAG Towing has been the target of council's criticism and an internal city review stemming from at least a dozen customer complaints alleging the company charged them to retrieve their stolen cars. LAG Towing's contract with the city prohibits charging victims of crimes to retrieve their vehicles.
Mr. George spearheaded council's recommendation made in January to Mr. Leighton that he hold an arbitration hearing to determine if the company violated its contract. Mr. George also has publicly discussed complaints he received about the company and questioned Mr. Glodzik's record keeping.
In July, Mr. George called for the city to terminate its contract with Mr. Glodzik.
Mr. Glodzik has denied any wrongdoing and now claims Mr. George's statements were false and damaged his business and reputation.
But state law protects public officials from certain defamation lawsuits, said Jack Dean, a Wilkes-Barre attorney who specializes in civil litigation.
Mr. Dean declined to specifically discuss a potential lawsuit between Mr. Glodzik and the city because he has represented the city in the past and was not familiar with the situation. But he said public officials cannot be sued for making statements that directly pertain to their job, even if they could be considered defamatory.
"It was determined ... that government officials performing in their capacity as government officials sometimes make mistakes, and they shouldn't be held liable for them," Mr. Dean said.
Mr. Dean said public officials' immunity from defamation has frequently been upheld in court, including a failed 1990 lawsuit brought against a former Philadelphia mayor for calling two residents "deadbeats" and "tax cheats." A judge ruled the mayor, Wilson Goode, was protected from litigation, even though his statements could be considered defamatory.
Mr. Glodzik and his attorney Joseph Sklarosky did not return phone messages seeking comment.
Contact the writer: chong@citizensvoice.com, @CVChrsHong on Twitter