Ousted Frackville Police Chief Paul Olson is suing his former employer, saying it terminated him from his job in violation of his contract.
The civil lawsuit was filed Wednesday at Schuylkill County Court of Common Pleas.
Olson was fired in December following a Borough investigation into an alleged botched arrest incident in August that led to a resident’s wrongful imprisonment.
The complaint, which demands a jury trial, accuses the Borough Council of breaching Olson’s employment contract and violating state borough codes by conducting a “flawed” disciplinary process.
Olson is seeking reinstatement to his position, full back pay, and damages for unpaid benefits. He’s being represented by Pottsville attorney Albert Evans.
The Vote and The “Wrong Joshua Lindenmuth”
The former chief’s lawsuit comes just a few weeks after Frackville council members were split in a 4-3 vote to fire him.
Council President Ron Jordan joined councilmen Brian Russell, Stephen Tertel, and Russell Cunningham III in voting to fire the Olson. Councilmen Charlie Berger, Ed Beneshunas, and Steve Kuzio voted against the termination.
Olson’s firing stemmed from the arrest of 20-year-old Frackville resident Joshua D. Lindenmuth.
While Olson’s lawsuit describes the former chief’s role in that incident merely as assisting another officer regarding a call about “tow stickers,” the arrest warrant executed was actually for a different man with the same first and last names: 32-year-old Joshua A. Lindenmuth of Shenandoah, who was wanted for failing to appear in court over a bizarre incident involving nudity and a fire extinguisher at a Domino’s Pizza.
Conflicting Accounts of the Arrest
In his lawsuit , Olson claims he was merely assisting another officer, previously identified as Joseph Murton, who had confirmed the warrant in the police computer system.
Olson says he did not accompany the arrestee to prison and was unaware of the misidentification until weeks later.
However, the wrongful arrest victim, Joshua D. Lindenmuth, has previously alleged that he showed officers his driver’s license and explicitly stated he had no warrants. Lindenmuth claimed he was nonetheless handcuffed, transported to Schuylkill County Prison, strip-searched, and held overnight before prison officials realized the error the following morning.
Murton, the “primary officer” referenced in Olson’s complaint, resigned from the force effective Nov. 14, prior to Olson’s firing.
“Just Cause” and Liability Concerns
Olson argues his termination violated his contract, which stipulates he can only be discharged for “just cause”.
Evans, has argued that relying on a subordinate’s verification of a warrant does not constitute neglect of duty. He previously told The Canary that body camera footage would dispute errors in Lindenmuth’s account of the arrest.
Jordan, speaking after the termination vote, called the decision “very difficult” and credited Olson with improving the department. However, Jordan emphasized the borough’s need to mitigate liability.
“Basically, the decision is to make sure we have the people in the right position to do that and not put the borough or a borough residents in a situation where a civil lawsuit could come in. Somebody’s wrongfully arrested, that’s not a good thing,” Jordan said following the December vote.
Procedural Disputes and Costs
Olson’s lawsuit asserts that under the Pennsylvania Borough Code, the disciplinary hearing should have been conducted by the Civil Service Commission rather than the Borough Council.
He claims council members improperly participated in the investigation, which cost the borough over $14,000 in investigator and special counsel fees, before voting on his fate.
The lawsuit lists four counts against the Borough:
- Breach of Contract: For terminating Olson without just cause.
- Violation of Borough Code: For bypassing the Civil Service Commission.
- Mandamus: A request for a court order reinstating Olson as Chief.
- Wage Payment and Collection Law Violation: For failing to pay accrued pension contributions and leave time.
RELATED:
- Frackville Fires Police Chief, Officer Resigns Following Wrongful Arrest, Imprisonment Investigation
- Frackville Opens $175/Hour Investigation Into Borough Employee(s)
- Frackville’s Vote on Hiring Investigator Presents Sunshine Act Compliance Issues, Expert Says
- Frackville Officials Mum on Paying Special Investigator, Retaining Special Counsel
- Schuylkill County Man Naked, Covered in White Powder Facing Charges After Scene at Local Domino’s
Subscribe to Coal Region Canary
Get email updates from Coal Region Canary by becoming a subscriber today. Just enter your email address below to get started!Support Coal Region Canary
Like our reporting and want to support truly local news in Schuylkill County? Your small donations help. For as little as $5, your contribution will allow us to cover more news that directly affects you. Consider donating today by hitting the big yellow button below ...