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South Fayette moves to dismiss Commissioner Deron Gabriel’s federal lawsuit

South Fayette moves to dismiss Commissioner Deron Gabriel’s federal lawsuit

Lawyers for the commissioners and the township last week filed a motion to dismiss Commissioner Deron Gabriel’s federal lawsuit against them.

The lawsuit, filed on April 15, is in response to the March 18 action to censure Mr. Gabriel at the board’s regularly scheduled voting meeting. Commissioner Jessica Cardillo-Wagenhoffer made the motion, with the board voting 4-0 in favor of the censure. Mr. Gabriel was not present.

The dispute originated when the state attorney general’s office filed felony insurance fraud charges against Commissioner Cardillo-Wagenhoffer in September. She has since agreed to complete a two-year first time offender program that would clear her record when she successfully finishes.

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Concerned with Ms. Wagenhoffer’s position on the board, Mr. Gabriel — a member of the legal committee — said he believed it was his obligation to seek advice from the solicitor regarding the charges. Mr. Gabriel said he had the right to approach the solicitor based on his interpretation of the First Class Township Code.

It states the solicitor will furnish the board with his opinion in writing when “any of them” submits a question in their official capacity. Commissioner Joe Horowitz, another legal committee member, also sought the solicitor’s opinion.

In the lawsuit, Mr. Gabriel claims his rights to due process and free speech were violated based on the 14th and 1st amendments of the Constitution. Susan Merrick, representing attorney for the township and commissioners, said Mr. Gabriel’s claims are not protected by either and is the reason for the motion for dismissal.

Solicitor Jon Kamin said the township’s insurance company is defending the case. “They are the authors of the brief. We support their filing of the motions and believe they have made the fair and appropriate arguments.”

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Amy Philips-Haller, freelance writer: suburbanliving@post-gazette.com.

First Published: June 26, 2015, 4:00 a.m.

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