Fall 2013 Volume 92 • Issue 3

Total Page:16

File Type:pdf, Size:1020Kb

Fall 2013 Volume 92 • Issue 3 FALL 2013 VOLUME 92 • ISSUE 3 In this Issue • Fall Seminar Update and Exhibitor Listing • PennDOT’s Bundled Bridges P3 Project • APC Board Members Keep the Funding Goal in Sight AP_Ad10-13_Layout 1 10/2/13 11:46 AM Page 1 Formliner solutions for every need Custom Colorization Available APC/PennDOT Fall Seminar • Single-use hips for bridges and small retaining walls Exhibitor • 2-5 use abs for large retaining wall and bridges • 5-15 use lightweight elastomeric for bridges • 15+ use premium elastomeric for retaining walls and sound walls ARCHITECTURAL POLYMERS® 1220 Little Gap Road | Palmerton, PA 18071 | P: 610.824.3322 | F: 610-824-3777 www.apformliner.com v1 APC/PennDOT Fall Seminar Exhibitor Our Fall Seminar keynote speaker, Captain Richard Phillips, is the hero FALL 2013 captain of the Maersk Alabama, who was captured by Somali Pirates VOLUME 92 • ISSUE 3 in 2009. Read more about the seminar beginning on page 10. Columns Features 8 Executive Vice 10 The APC/PennDOT Fall Seminar – 35 Years Strong President Column 14 Rapid Replacement of I-84 Bridges in New York Using Is P3 in Your Future? the Lateral Slide Method APC PennDOT Forums and the by Bala Sivakumar, P.E., Vice President, Director-Special Bridge Projects, Fall Seminar Provide Educational HNTB Corporation Opportunities by Robert E. Latham, CAE, 16 Staying on the Right Side of the Law: Companies Need to be Aware APC Executive Vice President of Contracting and Procurement Laws by Christopher D. Carusone, Conrad O’Brien P.C. 30 Legal Update 20 Anticipating PennDOT’s Bundled New, Increased Weight Restrictions in Progress for Nearly 1,000 Bridges Bridges P3 Project by PennDOT Press Office by James W. Kutz, Esquire, 22 Commitment to the Cause McNees, Wallace & Nurick LLC APC Board Members Keep the Funding Goal in Sight 33 Industry Briefs 26 PSU Student Awarded Foundation Scholarship 28 PHIA Safety Improvement Awards by Jason Wagner, Managing Director, PA Highway Information Association 29 Construction Industry Reflects on the Passing of Rep. Dick Hess by Jason Wagner, Director of Policy and Government Relations, Bringing the Transportation Associated Pennsylvania Constructors Investment Conversation to the Kitchen Table Level National Survey Shows Value of Good Roads & Transit by Pete Ruane, ARTBA President & CEO page 18 Highway Builder is published for the Associated Pennsylvania Constructors. Circulation covers highway and heavy constructors in Pennsylvania and surrounding states. Miscellaneous coverage throughout United States. Circulation also includes engineers, public officials, suppliers, equipment dealers, and others allied with the highway industry. 800 North Third Street • Harrisburg, PA 17102 phone: 717.238.2513 • fax: 717.238.5060 4 HIGHWAY BUILDER Fall 2013 I I.U.O.E..U.O.E. LOCALLOCAL 6666 Rt. 22, I-376 Bridge in Monroeville CONTRACTORSCONTRACTORS •• DEVELOPERSDEVELOPERS The Operating Engineers are your one stop resource for qualified and productive operating engineers and heavy equipment mechanics. Pipeline Project WORKING WITH BUILDERS AND CONTRACTORS TO BUILD A BETTER COMMUNITY What can Local 66 do for you? Mellon Arena Demolition The best trained, most capable work force. Professional tradesmen and tradeswomen have received the specialty training needed to meet the complex challenges of your project. Service you can count on. We’ll work with you to answer any questions or solve any problems at your convenience. Smart business know-how. You’ll benefit from our years of experience and a proven track record we bring to the job. Bottom-line, dollar-for-dollar value. Value is bringing the highest professional and performance standards to your job site-from the beginning of a project to its VA Hospital in Oakland, PA completion. We at Local 66 are committed to being the premier value provider of operating engineers in the region. The Operating Engineers lead the nation in pipeline training. I.U.O.E. Local 66 Headquarters • 111 Zeta Drive • Pittsburgh, PA 15238 • Ph (412) 968-9120 Visit us at www.iuoe66.org www.paconstructors.org 5 ASSOCIATED Terry Callahan David Patterson PENNSYLVANIA Geoffrey W. Clarke Robert B. Priest CONSTRUCTORS Matthew Cummings Bruce B. Rambo Michael J. Driscoll, Jr. Michael Ryan Mark S. Eckman Mark W. Schug 2013 Officers Barry A. Epley Kevin R. Schultz and Directors Ricke Foster Matthew R. Shorb L A Glasgow Mark Snyder President Michael B. Glezer Clayton Stahl Daniel R. Hawbaker S. Scott Grannas Andrew Swank Vice President Greg Gunn James W. Van Buren Geoffrey W. Clarke Daniel R. Hawbaker Kent Wible Michael Hawbaker Kenneth L. Wolf OFFICIAL PUBLIcatION OF THE Treasurer Max J. Hempt ASSOCIateD PENNSYlvanIA CONSTRUCTORS Craig A. Hoogstraten Albert Hoffman LIFE DIRECTORS Craig A. Hoogstraten Carol H. Brady Executive Vice President Bruce G. Hottle Robert R. Buckley EDITOR – Cynthia K. Sells Robert E. Latham, CAE Kevin L. Johnson Timothy J. Crotty William J. Cummings [email protected] John R. Kibblehouse, Jr. DISTRICT VICE Patrick A. Kinsley David L. Dillon PRESIDENTS John R. Kulka Cyril C. Dunmire, Jr. PUBLICATION PREPARATION – TriAd Marketing & Media Owen J. McCormick Robert E. Latham George K. Dunn Daniel R. Hawbaker 371 County Line Rd. W. • Westerville, Ohio 43082 Thomas E. Lawson James F. Eckman James R. Parsons Kevin Loftus Dominic P. Girondo Janine Robinson, Vice President of Creative Services Dominic P. Girondo Dennis A. Luzier Daniel R. Hawbaker Robert R. Buckley Joseph M. Martosella, Jr. Lewis J. Hoover Patrick A. Kinsley LAYOUT & DESIGN – TriAd Marketing & Media Owen J. McCormick John R. Kibblehouse, Sr. Geoffrey W. Clarke Charles J. Merlo, Jr. John F. McCaskie Michael A. Palo George E. Mezey John J. McCormick, Jr. ADVERTISING SALES – Mark Wolf Charles J. Niederriter John M. Mills James D. Morrissey, Jr. 866.679.9340 or [email protected] Carol H. Brady Robert G. Miner, Jr. Michael A. Palo BOARD OF DIRECTORS Stephen M. Muck Wayne M. Schug PRINTER – Haman Midwest James J. Anderson A. Ross Myers George B. Searle Patrick Bartorillo Charles J. Niederriter Basil A. Shorb, III Murray Blaker William J. O’Connor Russell C. Swank, III Steven M. Bussanmas James Parsons Richard E. Wagman APC/PennDOT Fall Seminar Exhibitor APC/PennDOT Fall Seminar Exhibitor 6 HIGHWAY BUILDER Fall 2013 FLAGGER FORCE Employs Innovations in Worker Visibility on the Roadway When your job takes place on a roadway, visibility to motorists can be a matter of life and death. Drivers who have been involved in crashes with pedestrians or cyclists commonly state, “I never saw them until it was too late to do anything.” That’s why Flagger Force Traffic Control Services, headquartered in Hummelstown, Pa., has imposed progressive safety standards, combined with innovative technology to ensure their roadway crews are easily seen by all motorists. Whether it’s increasing worker visibility, enhancing pedestrian safety, or working to create more efficient traffic patterns without compromising high standards of safety, Flagger Force is committed to making a difference by protecting their people, their clients and the public. the industry are equipped with diesel-powered generators, and The Federal Highway Administration states that: “Glare, thus are very noisy, emit diesel fumes and exhaust, and require aging, disease, speed, selective perception and specific frequent refueling. Solar light towers, however, like those used environmental and weather conditions affect the ability to by Flagger Force, eliminate all of these issues. They are silent, detect and recognize objects.” allow workers to be seen by motorists while also enabling Flagger Force’s Safety Committee, an ad hoc team of them to better hear approaching vehicles and are better for the field staff, quality inspectors and safety managers who meet workers’ health and the environment. Solar light towers are monthly, recognized the value of visibility in a recent policy an investment in the safety of motorists and workers and are proposal that affects the entire company. The committee yet another component helping Flagger Force to achieve their noted that Class E retro-reflective pants, commonly known corporate environmental goals. as “Night Pants” due to their requirement when working in Whether it’s increasing worker visibility, enhancing the dark, are just as effective at helping workers stand out pedestrian safety, or working to create more efficient traffic against the traffic landscape in the daytime. Thanks to this patterns without compromising high standards of safety, recommendation, Flagger Force is now providing Class E Flagger Force is committed to making a difference by protecting pants as part of their standard Personal Protective Equipment their people, their clients and the public. issuance to all employees. Even though these garments are Flagger Force, in business since 2002, employs 850 not required in the daytime by state laws, as of January 1, safety professionals and operates a fleet of 450 vehicles 2013, all Flagger Force employees will wear Class E pants including pickups, pattern trucks, truck-mounted along with their Class 2 or 3 vests on the jobsite at all times, attenuators and all necessary signage and equipment to regardless of the time of day. This new standard dramatically serve the Mid-Atlantic region. n increases the amount of retro-reflective materials seen by motorists. In addition to the Class E pant requirement, Flagger Force APC/PennDOT has also invested in the latest form of solar light towers. Many Fall Seminar jobs requiring temporary traffic control can only take place Exhibitor at night, when traffic volume is low or emergency repairs are needed as soon as possible. Unfortunately, the hours between sunset and sunrise can be the most dangerous hours on the job. To ensure work crews are visible to motorists at night, mobile www.FlaggerForce.com light towers must be illuminated and positioned close to 888.312.FLAG flaggers or other workers controlling traffic. Most light towers in EVP Column Is P3 in APCYour PennDO T ForumsFuture? & Fall Seminar Provide Educational Opportunities by Robert E.
Recommended publications
  • In the United States District Court for the Eastern District of Pennsylvania
    Case 2:15-cv-06082-HB Document 51 Filed 12/02/16 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FRANK NOONAN, et al. : CIVIL ACTION : : v. : : : KATHLEEN KANE, et al. : NO. 15-6082 MEMORANDUM Bartle, J. December 2, 2016 Before the court is the motion of plaintiffs “pursuant to Rule 60(b) to vacate order granting defendant Kane’s motion to dismiss plaintiffs’ amended complaint and seeking leave to file a second amended complaint.” Plaintiffs are Frank Noonan, Randy Feathers, Richard A. Sheetz, Jr., E. Marc Costanzo, and Frank Fina. Noonan is the retired Commissioner of the Pennsylvania State Police. Feathers is a retired Regional Director of the Bureau of Narcotics and Investigation and Control of the Office of the Attorney General of Pennsylvania (“OAG”). Sheetz served as a former Executive Deputy Attorney General Directing the Criminal Law Division of the OAG. Costanzo is a former Deputy Attorney General for the OAG. Finally, Fina is a former Chief Deputy Attorney General for the OAG. Plaintiffs’ first amended complaint contained claims under 42 U.S.C. § 1983 and supplemental state law claims Case 2:15-cv-06082-HB Document 51 Filed 12/02/16 Page 2 of 4 involving six defendants: former Pennsylvania Attorney General Kathleen Kane; Michael Miletto, an investigator for the Office of the Attorney General; the Philadelphia Daily News; one of its reporters, Christopher Brennan; and Philadelphia Media Network, LLC and Philadelphia Media Network (Digital) LLC, which together own the Philadelphia Daily News. Plaintiffs alleged that Kane, in violation of § 1983, retaliated against them for engaging in speech protected by the First Amendment.
    [Show full text]
  • Staring Down Change
    WIDENERWidener UNIVERSITY SCHOOL OF LAW VolumeLaw 20 Number 1 SPRING 2013 Staring Down Change A NEW ERA IN LEGAL Education Invest in Opportunity Grow your career with our MJ programming For more information, visit law.widener.edu/mj Health Law, Corporate & Business Law, Regulatory Compliance, and more Online and on campus | CCB and HCCA accredited JUST ANNOUNCED! Widener Law’s MJ programs in Corporate and Health Law are now available with a Global Compliance Concentration. FEATURING: Game Change 40 Years Young Going Mobile Health law, compliance, and a new era Roe v. Wade The reinvented law classroom Widener University School of Law Magazine CONTRIBUTING WRITERS: Mary Allen, Ashley Barton, Peter Castagna, John Culhane, Erin Daly, Nathan Garrison, Laurie Grant, Eileen Grena, G. Randy Lee, Todd Lineburger, Mary Marzolla, Gilberte Pierre, Ed Sonnenberg, Katrina Womack, Nancy Ravert Ward PHOTOGRAPHY: Mary Allen, Linda Ammons, Ashley Barton, Peter Castagna, Nathan Garrison, Laurie Grant, Todd Lineburger, Nancy Ravert Ward MAGAZINE ADVISORY BOARD: Mary Allen, Linda Ammons, Susan Goldberg, Laurie Grant, Eileen Grena-Piretti, J. Patrick Kelly, Todd Lineburger, Robyn Meadows, Keith Sealing, Constance Sweeney, Nancy Ravert Ward EDITOR: Todd Lineburger WIDENER UNIVERSITY SCHOOL OF LAW | Volume 20 Number 1 | SPRING 2013 Widener University School of Law Widener University School of Law Board of Overseers National Advisory Council Eugene D. McGurk, Jr., Esq. ’78, Chair Michael J. Aiello, Esq. ’94 Dean Linda L. Ammons, JD, Ex Officio Howard K. Alperin, Esq. ’90 Joseph M. Asher, Esq. ’93 Renae B. Axelrod, Esq. ’91, Ex Officio Steven P. Barsamian, Esq. ’75 Miriam Benton Barish, Esq. ’92 Hon.
    [Show full text]
  • Kane's Reign Ends Today
    Steve Esack and Peter Hall Of The Morning Call 8/17/16 Kane's reign ends today HARRISBURG — Kathleen Kane charged into state government 1,381 days ago as a reformer unbound by the political establishment she railed against in her successful campaign to become the state's first woman elected attorney general. On Wednesday, she slinks away, leaving behind her once bright political future and a resignation letter after abusing the power voters entrusted in her as the state's top law enforcement officer. "I have been honored to serve the people of Pennsylvania and I wish them health and safety in all their days," Kane said Tuesday in a two-sentence resignation. The announcement came a day after a jury of six men and six women convicted her on two felony counts of perjury and seven lesser charges of lying and abusing her power about a grand jury secrets leak she orchestrated to embarrass a rival. It also came after Montgomery County Judge Wendy Demchick-Alloy set an Oct. 24 sentencing date for the Scranton-area Democrat. The state constitution says public officials must resign after being convicted of a crime, but state court rulings have pushed resignations back until sentencing. Kane negated that with her decision to quit after months of refusing to heed such advice from politicians. Kane lawyers vow appeal, but offer few details In a statement, Gov. Tom Wolf, a Democrat, said Kane is making the right call. "What has transpired with Attorney General Kane is unfortunate," Wolf said. "Her decision to resign is the right one, and will allow the people of Pennsylvania to finally move on." The Commonwealth Attorneys Act states that the first deputy slides into the attorney general's post if the elected or appointed official resigns or becomes incapacitated.
    [Show full text]
  • The Indictment of Longtime Harrisburg Mayor Stephen Reed: What Comes Next?
    The Indictment of Longtime Harrisburg Mayor Stephen Reed: What Comes Next? Who is the accused? Stephen Reed, the Democratic mayor of Harrisburg, Pennsylvania from 1982 to 2010, has been charged by state prosecutors with 499 counts ranging from bribery to theft by receiving stolen property. What do state prosecutors allege? The allegations include claims that Reed used his position to arrange the sale of bonds by several agencies within the city. To secure approval of the bond sales, he allegedly diverted city funds to a slush fund for city council members. Bond proceeds went to various pet projects including the purchase of various antiquities, such as Civil War memorabilia and artifacts from the American West that he planned to display in new city museums. Reed stored those artifacts in his own home, among other private facilities, and misled investigators about the existence and extent of these collections. Why does this case matter? Pennsylvania Attorney General Kathleen Kane called Reed’s alleged wrongdoing “the root of the fiscal issues that continue to plague the city of Harrisburg.” Under Reed’s watch, the city of merely 50,000 inhabitants—of whom nearly a third live in poverty—accrued over $450 million dollars in debt. More than half of this debt went to a white-elephant project to retrofit a trash incinerator. In 2011, the state government placed the city in receivership. In 2013, the U.S. Securities and Exchange Commission charged Harrisburg with securities fraud for misrepresenting its poor financial health under Reed—the first time a U.S. city has faced such charges.
    [Show full text]
  • A 2017 Wish List for Lawyers and Judges
    NOT FOR REPRINT Click to Print or Select 'Print' in your browser menu to print this document. Page printed from: The Legal Intelligencer A 2017 Wish List for Lawyers and Judges Peter F. Vaira, The Legal Intelligencer January 13, 2017 That the new Pennsylvania attorney general, Josh Shapiro, does not place all the blame for the dysfunctional office he inherited on former Attorney General Kathleen Kane. She was in over her head, which caused her to make a lot of mistakes; however, many of the problems that occurred during her administration were the result of her predecessors and many of the staff members she inherited. This includes the group of prosecutors who made a continuing practice of sending pornographic photos and racial/ethnic jokes to judges they appeared before. • That Attorney General Josh Shapiro releases the names of the prosecutors who sent and the trial judges and supervising grand jury judges who received ex parte emails from them in the porngate scandal. The defense counsel in those cases are entitled to know that there was a less-than-arms-length relationship between the grand jury and trial judges and the prosecutors. Such communications indicate a compromise of the judiciary by the executive branch. The decision made by his interim predecessor, Bruce Beemer, to decline to release the names of the judges and prosecutors should not be a binding precedent. Shapiro should not be bound by a major policy decision made by a five-month temporary attorney general, which will saddle him with problems in criminal cases and his relationship with the courts for years.
    [Show full text]
  • 2007-2008, Covering the Period July 1, 2007 Through June 30, 2008
    Message from the President Dear Friends, There was much to celebrate during this past year at Marywood University. From a personal perspective, it was a transformative experience to serve my inaugural year as Marywood’s 11th president. However, I do not and could not do this alone. While this special year has provided an exciting backdrop, the meaningful role that each of you plays in shaping the future of this University is the underpinning of what continues to inspire and create our outstanding progress. In keeping with the spirit of progress, we decided this year to produce a “green” President’s Report— a solely online piece—to reduce our use of paper products and take another positive step in our ongoing efforts to cultivate and practice environmental stewardship. According to The Chronicle of Higher Education, “institutions of higher education are poised to play a leading role in developing and executing climate-neutral policies.” (“A Green Curriculum Involves Everyone on the Campus,” by John Peterson, June 20, 2008 issue) Marywood University continues to evaluate its current practices and engage in future initiatives with environmental considerations in mind—for the benefit of our students, our campus, our community, and our world. This report represents the fiscal year 2007-2008, covering the period July 1, 2007 through June 30, 2008. Please accept my deepest appreciation for all you have done to advance the goals, initiatives, and mission of Marywood University. I am enthusiastic about the progress we have made, as well as the momentum we continue to generate, and I look to our future with great optimism and abundant hope.
    [Show full text]
  • 1 STATE CITY CONTACT ADDRESS/PHONE NUMBER YEAR UTILIZED AL Huntsville Diane Bullard-Court Administrator 23 Judicial Circuit
    STATE CITY CONTACT ADDRESS/PHONE NUMBER YEAR UTILIZED AL Huntsville Diane Bullard-Court Administrator 23rd Judicial Circuit 2007 Judicial 100 North Side Square 2008 Huntsville, Al 35801 Phone: 256-532-3573 Al Columbiana Jennifer Nalu, Shelby County 18th Judicial Circuit Court Judge 2009 Judicial Court Administrator 112 North Main Stret Columbiana, AL 35051 [email protected] 205-669-3781 866-483-5225 AL Mobile John M. Tyson, Jr. Alabama Thirteenth Judicial 2002 Judicial District Attorney Circuit 2006 Suite C501, 205 Government St. Mobile, AL 36644-2501 Debra Tillman, Asst DA 251-574-8400 251-574-4848 AL Montgomery Sue Bell Cobb, Chief Justice The Supreme Court of Alabama 2007 Judicial 300 Dexter Avenue Wayne Mills, Site Supervisor Montgomery, Al 36104 Phone: 334-242-4609 www.judicial.state.al.us/supreme.cfm AL Montgomery The Southern Poverty Law NGO Center 400 Washington Avenue www.splcenter.org Montgomery, Al 36104 Phone: 334-956-8200 AL Montgomery SueEllen Green, Judicial Assistant AL Administrative Office of 2018 Judicial (2018) Courts Hon. Truman Hobbs PO Box 1667 Montgomery, AL 36104 334-832-7147 (phone) 1 334-832-7148 (fax) [email protected] AL Ozark Kirke Adams, District Attorney State of Alabama 2007 District District Attorney for the Thirty- Attorney Third Circuit Ozark Courthouse PO Box 1668 Ozark, Al 36361-1668 Phone: 334-774-9500 (Dale County) AZ Globe Daisy Flores Gila County Attorney’s Office 2009 District 1400 E Ash Street Attorney Globe, AZ 85501 [email protected] 928-425-3231 ext 8630 FAX: 928-425-3720 AZ Mesa Andrew P.
    [Show full text]
  • The Thirty-Five Statewide Investigating Grand Jury
    IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT IN RE: THE THIRTY-FIVE STATEWIDE : No. 175 MM 2014 INVESTIGATING GRAND JURY : : : PETITION OF: ATTORNEY GENERAL : KATHLEEN G. KANE : ORDER PER CURIAM AND NOW, this 26th day of August, 2015, upon the request of the supervising judge for removal of the seal from all matters involving the 35th Statewide Investigating Grand Jury and the investigation of Attorney General Kathleen Kane which have been lodged in this Court, save for grand jury materials such as testimony, exhibits, and in camera proceedings, and based on the supervising judge’s assurance that there are no present grand jury secrecy concerns relative to such unsealing, it is hereby ORDERED that the seal is lifted upon such terms. M.D. Misc. Dkt. 175 MM 2014 FILED 11/13/2014 Supreme Court IN THE SUPREME COURT OF PENNSYLVANIA Middle District HARRISBURG DISTRICT UNSEALED PER ORDER OF THE COURT DATED IN RE: EMERGENCY APPLICATION FOR AUGUST 26, 2015 EXTRAORDINARY RELIEF THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO. 176 M.D. MISC. DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D. 2644-2012 ATTORNEY GENERAL KATHLEEN G. KANE'S EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF Minora, Minora, Colbassani, Krowiak, Mattioli & Munley Allah M. Minoru, Esq. Attorney ID: 22703 700 Vine Street Scranton, PA 18510 Attorneyfor Attorney General Kathleen G. Kane Winston & Strawn, LLP Gerald L. Shargel, Esq. 200 Park Avenue New York, NY 10166 Attorney Pro Hac Vice for Attorney General Kathleen G. Kane ReCelved in Supreme Court NOV 13 2014 Middle IN THE SUPREME COURT OF PENNSYLVANIA HARRISBURG DISTRICT IN RE: NOTICE OF EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF THE THIRTY-F1VE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO.
    [Show full text]
  • IN the UNITED STATES DISTRICT COURT for the EASTERN DISTRICT of PENNSYLVANIA FRANK NOONAN, Et Al. V. KATHLEEN KANE, Et Al.
    Case 2:15-cv-06082-HB Document 155 Filed 12/01/20 Page 1 of 53 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FRANK NOONAN, et al. : CIVIL ACTION : v. : : KATHLEEN KANE, et al. : NO. 15-6082 MEMORANDUM Bartle, J. December 1, 2020 Plaintiffs Frank Noonan, Randy Feathers, Richard A. Sheetz, Jr., E. Marc Costanzo, and Frank Fina bring this action under 42 U.S.C. § 1983 against Kathleen Kane, the former Attorney General of Pennsylvania, and Michael Miletto, a Special Agent with the Office of the Attorney General (“OAG”), in their individual capacities1 for retaliation and conspiracy to retaliate against them in violation of their rights under the First Amendment to the United States Constitution.2 Before the Court is the motion of defendants for summary judgment on all remaining claims in this action. 1. Plaintiffs also sue defendants in their official capacity. State government officials may not be held liable in their official capacity for damages that result from violations of the federal law. See Hafer v. Melo, 502 U.S. 21 (1991). 2. Fina and Costanzo also brought First Amendment retaliation and conspiracy claims against Christopher Brennan, a reporter for the Philadelphia Daily News, as well as state law claims for defamation and false light against Brennan, the Philadelphia Media Network, LLC, and Philadelphia Media Network (Digital) LLC, which together own the Philadelphia Daily News (collectively, the “Media Defendants”). The Media Defendants have been dismissed from this action by agreement of the parties. Case 2:15-cv-06082-HB Document 155 Filed 12/01/20 Page 2 of 53 I The Court dismissed all of plaintiffs’ First Amendment retaliation and conspiracy claims for failure to state a claim on which relief could be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure.
    [Show full text]
  • ORDER Grantingpltf's Mtn to Compel 46 . Mr. Shapiro and the OAG Shall
    Carusone v. Kane et al Doc. 55 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CHRISTOPHER CARUSONE, : Civil No. 1:16-cv-1944 : Plaintiff, : : v. : : : KATHLEEN KANE, RENEE : MARTIN, DAVID PEIFER, BRADEN : COOK, and WILLIAM NEMETZ : : Defendants. : Judge Sylvia H. Rambo O R D E R The background of this order is as follows: Plaintiff asserts a claim, via an amended complaint (Doc. 17), against, inter alia, Defendant Kathleen Kane (“Kane), the former Attorney General for the Commonwealth of Pennsylvania, for violation of Plaintiff’s constitutional right to equal protection of the laws pursuant to 42 U.S.C. § 1983.1 According to the amended complaint, in 2014, Kane publicly released Plaintiff’s name in connection with inappropriate emails that were found in Plaintiff’s email account while he was employed at the Office of the Attorney General (“OAG”) of the Commonwealth of Pennsylvania. The crux of Plaintiff’s claim is that hundreds of similarly situated individuals also received or sent the same emails, many of whom, unlike Plaintiff, were considered high-volume 1 On November 9, 2017, the court granted Defendants’ motion to dismiss Plaintiff’s procedural due process claim (Count II), but denied the motion as to Plaintiff’s equal protection claim (Count I). (Doc. 38.) Dockets.Justia.com senders of inappropriate emails, and yet Kane chose not to publicly release the identity of those other individuals. Kane was subsequently charged, tried, and convicted in the Pennsylvania Court of Common Pleas of Montgomery County of perjury, false swearing, abuse of office/official oppression, and obstructing the administration of law or other governmental function based on her corrupt conduct while Attorney General.
    [Show full text]
  • PA Voters Split Tickets, Give Wins to Trump, Toomey, Shapiro
    PA voters split tickets, give wins to Trump, Toomey, Shapiro, DePasquale and Torsella Plus big wins for Republicans in the Pennsylvania Senate and House of Representatives November 9th – The big news out of Pennsylvania early Wednesday morning happened when the Associated Press, shortly after 1:30 a.m., declared that in a “stunning” turn of events Republican presidential candidate Donald Trump had won Pennsylvania and its much coveted 20 electoral votes. Pennsylvania’s 20 electoral votes - along with Trump wins in other battleground states like Florida, Ohio and Wisconsin – were among the ways this unorthodox candidate and unlikely winner shocked the nation racking up the 270 plus electoral votes required to become the 45th President of the United States of America. Based on unofficial vote tallies, Trump bested Hillary Clinton by approximately 60,000 votes in Pennsylvania. 2,851,050 Pennsylvanians voted for Trump.1 Ultimately Trump won the support of fewer Pennsylvania voters then President Barack Obama did in 2012. In that year, 2,990,274 voters supported Obama.2 Clinton, however, outperformed Mitt Romney’s vote total in 2012 as she earned 2,788,242 votes on Tuesday. In 2012, Romney secured 2,680,434 votes. United States Senator Pat Toomey also earned 2.8 million votes Tuesday earning himself another 6-year term in the United States Senate. Still he did not outperform Trump (earning approximately 40,000 fewer votes than Trump). Toomey beat Democrat Katie McGinty earning 85,000 more votes than the former cabinet official for President Bill Clinton and former Governor Ed Rendell. McGinty also served as the chief of staff for Pennsylvania Governor Tom Wolf.
    [Show full text]
  • Report to the Attorney General on the Investigation of Gerald A. Sandusky
    REPORT TO THE ATTORNEY GENERAL ON THE INVESTIGATION OF GERALD A. SANDUSKY May 30, 2014 * H. Geoffrey Moulton, Jr. Special Deputy Attorney General * As amended, June 23, 2014. TABLE OF CONTENTS INTRODUCTION ................................................................................................................................ 1 Scope................................................................................................................................... 3 Methodology ...................................................................................................................... 4 Hindsight Bias and Learning from Experience.............................................................. 9 The Use of Names ............................................................................................................ 10 Releasing the Report to the Public .................................................................................11 Overview .......................................................................................................................... 12 PART ONE: THE SANDUSKY INVESTIGATION ................................................................................. 31 A. Phase One: A.F. Complaint (November 2008) through Referral to OAG (March 2009) ................................................................................................................................. 32 B. Phase Two: Receipt of Case by OAG (March 2009) through Draft Presentment (March 2010) ..................................................................................................................
    [Show full text]