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Federal false-arrest lawsuit against Olyphant and police officer


A federal lawsuit claiming an Olyphant police officer violated a woman's civil rights when he arrested her on false grounds for allegedly breaking into her sister's borough home has enough merit to proceed to trial, a federal judge ruled Friday.

Senior U.S. District Judge A. Richard Caputo dismissed Olyphant borough's and Officer Lewis Kline's attempt to have the complaint - filed in February by Clifford Twp. residents Jacqueline Sheare and Trevor Sheare - entirely thrown out.

The suit charges a violation of her civil rights, including false arrest.

Her lawyer, Harry T. Coleman of Carbondale, had sought more than $375,000 on five counts, including the claim of false arrest and intentional infliction of emotional distress.

Judge Caputo dismissed two of the five counts on Friday. The suit seeks a jury trial.

Mrs. Sheare, 51, claims her sister, Kathleen Zinskie, gave her permission to stop by and go inside her home on Nov. 7, 2010, because they intended to meet there to travel to Maryland together to visit a relative, the suit stated.

Mrs. Zinskie had already left with her husband when Mrs. Sheare arrived, though Mrs. Sheare was not aware of this at first when she entered the home and started reading magazines, the suit stated.

Mrs. Sheare eventually left. After the trip, the Zinskies discovered $1,000 was missing from an envelope originally holding $3,200 in an office at the home, according to the suit.

Officer Klein conducted an investigation into the missing money and charged Mrs. Sheare with felony criminal trespass. She was not charged with theft, according to court records.

Efforts to reach Mr. Coleman were unsuccessful Friday.

The Lackawanna County district attorney's office withdrew the charge before "any preliminary hearing in which evidence" would have been presented about her arrest and charge, according to court records and the suit.

The reasons are not known.

The suit claims Mrs. Sheare had permission to enter her sister's home. In arrest papers, Officer Klein wrote that the Zinskies told him "repeatedly" she did not have permission to go in their home.

Efforts to reach C.J. Mustacchio, borough manager and solicitor, were unsuccessful Friday.

Officer Kline declined to comment because the litigation is pending.