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.