CLEARFIELD – A civil complaint against Clearfield County District Attorney William A. Shaw Jr. has been amended and filed by former Fifth Congressional District candidate Derek Walker.
In the amended complaint, filed Thursday afternoon in US Federal Court, Western Pennsylvania District, Walker alleges that Shaw solicited and/or coerced false statements multiple witnesses implicating him in the incident at his ex-girlfriend’s residence, including statements from two witnesses that Walker videotaped her and someone else. Walker alleges that Shaw attempted to coerce the victim in that case to make false statements implicating Walker in additional crimes.
Walker’s complaint states that he victim refused to cooperate with Shaw and that she asked him to not file charges against Walker. The complaint states that despite her requests and no new evidence, Shaw filed charges against Walker.
Walker’s complaint also states that Shaw made comments to people during March and April of 2008 that he intended to file charges against Walker prior to the election.
Walker alleges that as a result of Shaw’s actions in soliciting and/or coercing witnesses to provide false information against him during the evidence-gathering process, his constitutionally protected right to run for political office was infringed upon. He alleges that Shaw’s actions were intentional and malicious and that Shaw infringed on his constitutionally protected right to run for political office. He also alleges that due to Shaw’s actions, he suffered emotional distress, inconvenience and public humiliation.
Walker is asking the court to enter a judgment stating that Shaw’s conduct was unlawful and in violation of the First Amendment; that the court award Walker compensatory damages; that the court award Walker punitive damages; that Shaw pay for costs and expenses of this litigation and reasonable attorney fees and that the court award Walker relief as may be just and proper.
Earlier this month it was reported that Walker’s civil suit against Shaw was dismissed. Walker was given the option by the judge in the case to file an amended complaint.
Walker alleged that Shaw criminally prosecuted Walker in an effort to insure that Walker did not win the Republican Primary Election for the US House of Representatives spot. It states that Shaw violated Walker’s right to free political association and that Shaw’s actions were taken with malice and that they were taken in an attempt to infringe on Walker’s Constitutional right to run for political office.
His lawsuit also claims that it was due to Shaw’s actions that he lost the primary election, suffered loss of income, emotional distress and public humiliation.
According to the Honorable Judge Kim R. Gibson’s July 10 order, Walker failed to respond to Shaw’s motion for dismissal and that the motion will be granted. It further states:
“The plaintiff’s (Walker’s) claims for monetary damages are prohibited by prosecutorial immunity, but the plaintiff’s claim for equitable relief survives the application of prosecutorial immunity.
“As for the plaintiff’s claim one count equitable claim for a violation of his First Amendment right of association, which is one of two rights forming the right to campaign for elected office … the plaintiff’s claim fails. The right to campaign or public office does not to equate to a right to succeed in being elected. It is not claimed that the decision to prosecute prevented the plaintiff from being a candidate or barred him from being elected, only that it essentially had delirious effects upon his chances of winning the primary election, effects that the defendant (Shaw) allegedly intended. Despite the alleged intent of the defendant, the charges are alleged to have resulted in a guilty plea by the plaintiff to lesser charges and, in turn, in a sentence of a term of probation for the plaintiff. These facts when accepted as true do not demonstrate a violation of one’s right to association under the First Amendment.”
Gibson granted Shaw’s motion to dismiss. He also ordered that Walker may file an amended complaint on or before July 31.
Walker was charged in April 2007 and eventually pleaded guilty to misdemeanor charges. The charges were filed days before the Primary Election.