JOHNSTOWN – A civil lawsuit brought by two police officers against Clearfield County District Attorney William A. Shaw will be put on hold until a federal judge can decide if it is barred by prosecutorial immunity.
U.S. District Judge Kim R. Gibson put the brakes on the case after a request by Shaw’s attorney, Marie Milie Jones of Pittsburgh, to stay further action.
The lawsuit had reached the stage of discovery, a process in which attorneys for both sides question potential witnesses to pin down the facts and issues of a case.
Jones asked Gibson if the lawsuit by the officers is barred because of immunity granted to elected officials in the performance of their jobs.
Shaw’s side argued that going through the discovery process would be a burden and a distraction to the DA as he attempts to carry out the duties of his office.
The request for a delay was filed a month ago with the U.S. District Court in Johnstown.
Gibson ruled that ‘‘discovery is stayed until this court issues its ruling on [Shaw’s] motion to dismiss.”
The court must determine if Shaw is protected from lawsuit by ‘‘absolute prosecutorial immunity,” Gibson said.
The officers, Brian Dixon and Gregory Neeper, said Shaw had criminal charges brought against them for their actions during a domestic case.
They said the charges, which were dismissed by Magisterial District Judge Richard Ireland, were really brought in retaliation for their support of Shaw’s opponent, attorney Gary Knaresboro, in last year’s election for district attorney, not because of wrongdoing during a domestic fracas.
The officers say Shaw will not allow them to file criminal complaints or to testify in criminal proceedings in which Shaw or his staff are representing the government.
The officers are asking for financial compensation including punishment damages, as well as a court order allowing them to perform as police officers without interference from Shaw.
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