Westmoreland County may pay $85K to settle reservist's lawsuit against sheriff

Westmoreland County commissioners appear ready to settle another discrimination lawsuit filed against the county and Sheriff Jonathan Held.

The settlement calls for a payment of $85,000 to part-time sheriff’s Deputy Jonathon Sutton, who filed the federal lawsuit in March 2018. Commissioners could approve the deal at their Thursday meeting.

Details other than the payment amount were not disclosed.

Commissioner Charles Anderson referred questions to county solicitor Melissa Guiddy, who did not return a call seeking comment.

“We’ve unfortunately had a rash of these (lawsuits),” Anderson said.

Sutton, a Marine Corps military policeman and reservist, alleged in the lawsuit he was passed over for multiple promotions because of his service commitments. He is a sergeant with the military police in the 4th Law Enforcement Battalion at MP Company B in North Versailles.

According to the lawsuit, Sutton was hired as a part-time deputy in 2015 and was passed over for promotions to full-time status and leadership posts starting in 2016.

As Sutton was denied promotions, Held elevated at least 12 staffers, including a secretary, to full-time deputy positions. None of those promoted were active reservists or current military members, the lawsuit said.

Sutton accused Held of discrimination under the Uniformed Services Employment and Re-employment Rights Act of 1994 and Pennsylvania common law. The common law charge was dismissed in December by U.S. District Judge David S. Cercone.

Asked to comment on the pending settlement, Held noted depositions were scheduled for Tuesday.

“Instead of following through with this process, these commissioners decided to simply write a check. This trend of handing out money is disturbing, as not one allegation in all of these cases has been verified under oath or with evidence,” Held said. “Each settlement agreement provides language stating that there is no admission of liability.”

Sutton’s attorney, Alec B. Wright, did not return a call seeking comment.

As of December, the county had paid out more than $350,000 in out-of-court settlements to resolve a dozen lawsuits filed against the sheriff’s department since Held took office in 2012. The latest settlement, if approved, would bring that total to $452,500.

Commissioners settled a racial discrimination complaint against Held in March for $17,500. That complaint was brought by a retired sheriff’s deputy who alleged racial discrimination and retaliation.

Two black job applicants filed racial discrimination lawsuits against Held in 2018 and later settled their cases.

The Sutton case was the third since 2018 involving deputies who claimed Held’s office had a bias against hiring military reservists full time because “they take too much time off.”

At the time the Sutton lawsuit was filed, Held said, “This claim is especially atrocious because my grandfather was a World War II veteran. We have over 10 active military personnel and veterans employed in this office. The facts of this case will come out, and in the end, it will prove to be just another piece to a political witch hunt.”

Held emerged victorious in the May 21 primary election, defeating three Republican challengers. He faces Democrat James Albert, a retired district judge in Greensburg, in November.