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Trial against commissioners likely delayed

Motion could reset deadlines in former warden’s case

From staff reports

WILLIAMSPORT — It appears very unlikely there will be a trial next month as scheduled in the federal lawsuit a former warden of the Clinton County Correctional Facility filed against the county and its three commissioners.

The parties Friday in U.S. Middle District Court filed a joint motion for a status conference and reset of all deadlines.

The reason is Thomas V. Duran has outstanding claims with the Equal Employment Opportunity Commission and has not obtained a right-to-sue letter.

Duran claims he has made significant efforts to have the EEOC advance his case without success.

According to the court filing, Duran now will request the right-to-sue letter rather than wait for the EEOC to complete its investigative process.

Once that request is made, Duran may want to amend his federal court complaint to add the EEOC claims, the document states.

If an amended complaint is filed, there may be a need for additional discovery and possibly the need to file motions, the parties say.

Duran, warden between 1993 and 1997 and from 2000 to 2012, contends in his suit he was fired for requesting medical leave.

He sued the county and Commissioners Jeffrey Snyder, Robert Smeltz and Joel Long in 2014, claiming wrongful termination, breach of contract, retaliation under the Family and Medical Leave Act and violation of his due process rights.

Judge Christopher C. Conner dismissed of Duran’s claims but allowed him to file an amended complaint.

That complaint states beginning in 2000 when Duran was warden of the Adams County Prison, he was actively recruited to return to Clinton County.

After he did so on March 17, 2000, he received exemplary job reviews, the suit states. He signed a five-year employment contract in December 2007.

Duran had a series of surgeries that resulted in him at times working from home through the use remote cameras and the installation of broadband internet, both of which were paid by the county.

He also was permitted to use a golf cart on prison grounds and a mobile scooter inside.

Shortly after Snyder took office in January 2012, Duran says he was questioned about the amount of time he was not in the prison.

The new complaint accuses Snyder of being antagonistic toward county employees who requested protected medical leave.

Duran contends he was terminated because on Oct. 5, 2012, he requested a week’s sick leave for shoulder surgery.

He was suspended Oct. 25, 2012, and his termination was effective that Nov. 5, the day after he was scheduled to return to work from sick leave, the complaint states.

The employment contract states he could be terminated only upon a finding of dishonesty or gross malfeasance, but he claims that did not occur.

Duran claims his firing was a violation of the Family and Medical Leave Act and contends he was not notified in advance that his contract would not be renewed.

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