Fired Westmoreland sheriff captain sues county on racial discrimination claims

A former Westmoreland County sheriff’s captain, who was fired after he was accused of stalking a woman, is suing the county for race discrimination and retaliation.

Travis Day, 26, alleges former Sheriff Jonathan Held had another deputy surveil him at his home when he was off duty, that he was mistreated within the department and subjected to racial taunts through required training with the Pennsylvania Commission on Crime and Delinquency.

That training, though, is where police alleged Day stalked and harassed a female deputy. Day was removed from the 19-week program in August 2018 and suspended by the sheriff’s office a short time later.

According to court records, Day in December pleaded no contest to a summary charge of disorderly conduct for unreasonable noise in Centre County.

In a federal lawsuit filed Monday by Day, only Westmoreland County is named as a defendant. A message left with the solicitor’s office was not immediately returned.

Day was hired as a captain on Feb. 26, 2018, shortly after Held was sued for racial discrimination. The lawsuit alleges Day’s hiring was in response to those allegations.

During the past two years, the county has paid more than $400,000 to settle several complaints and lawsuits relating to Held’s administration.

Day, then 23, had no previous law enforcement experience when he was hired to serve as the third-ranking member of the department’s leadership staff, behind Held and a chief deputy. Day has a bachelor’s degree in criminal justice and a master’s degree in criminal investigation. The lawsuit said Held publicly commented that Day’s credentials far exceeded those of other applicants.

Yet, he claims in his lawsuit, that Held disregarded those credentials.

Among the allegations in the complaint:

• that Held never called him by his ranking title, or required other deputies to do so
• that Day was never provided proper equipment, including his shirt, badge, baton and taser; and when he did receive a uniform, it was the wrong size and he was not given the allotted amount for someone of his rank
• that he never received a job description, nor were deputies notified of his supervisory authority
• that his parking space was given to lower-ranking white deputies
• that he was not permitted to discipline subordinates
• that he was not permitted to use the firing range white deputies used
• that he was denied his position on the Westmoreland County Prison Board.

“At all relevant times, the Sheriff’s Office, including Held, served to invalidate Mr. Day’s position so that he was unable to carry out his job duties and/or responsibilities and was humiliated and demeaned in his employment,” the lawsuit states.

Day claims Held ordered a lieutenant to surveil him at his residence when he was off duty and altered his time card to make it look like he worked fewer hours.

In addition, the complaint alleges that at the required training through the Pennsylvania Commission on Crime and Delinquency, instructors provided by Penn State University referred to Black people and Asians using racial slurs.

Day reported that conduct to Held and the commission, the lawsuit states.

“Soon after reporting this racial misconduct, Mr. Day became the target of a campaign of retaliation that included, among other things, the supervisors/instructors about whom he complained at Penn State encouraging his peers to provide false statements against him to use as a vehicle to impose discipline,” the lawsuit said.

However, police in Centre County said that Day had made unwanted advances toward a woman also attending the training. Police said the advances caused her “emotional distress” and put her in fear of serious bodily injury.

Day’s unwanted behavior began at the start of training classes on July 16, police said, and continued until he was dismissed a month later.

Day initially was charged with summary harassment, with a misdemeanor stalking charge added later.

After a lengthy suspension, mostly without pay, the county fired Day on March 15, 2019.

Held was charged in 2018 with using deputies in his office to help run his re-election campaign. His trial ended in a mistrial in December 2018. The Pennsylvania attorney general’s office has said it plans to retry the case. An appeal to prevent another trial and dismiss the charges is pending before the state Supreme Court.

Ryan Tutera, who represents Held in his criminal case, said Wednesday his client categorically denies all of the allegations Day has made in his lawsuit.

“Throughout the last year of Sheriff Held’s tenure, he did nothing but promote Mr. Day — and that, in and of itself, caused a lot of jealousy inside the department from other deputies and high-ranking officials,” Tutera said. “Jon never did anything but support Travis Day as a captain.”

Tutera said Held took a chance hiring Day, who came into the department with no law enforcement experience.

Last November, Held lost a reelection bid for another four-year term. The Republican had been in office since 2011. Held has since moved to Florida, Tutera said.