Don Kovac v PTC Complaint
Transcript of Don Kovac v PTC Complaint
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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF PENNSYLVANIA
DONALD KOVAC,
Plaintiff,
vs.
PENNSYLVANIA TURNPIKE
COMMISSION, MITCHELL RUBIN,GEORGE HATALOWICH, MELVINSHELTON and MARK ROWE,
Defendants.
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Civil Action No.:
COMPLAINT
AND NOW comes Plaintiff, Donald Kovac, by and through his a
Ronald D. Barber and Strassburger McKenna Gutnick & Gefsky, and
Complaint against the above-named Defendants, of which the follow
statement:
Parties
1. Plaintiff, Donald Kovac, is an adult individual residing
Grove Rd, Pittsburgh, Pennsylvania 15236.
2. Defendant Pennsylvania Turnpike Commission (PTC
independent commission organized and existing under the laws
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3. Defendant Mitchell Rubin was at all relevant times the Cha
the PTC. Rubin has since been removed from that post by the Go
Pennsylvania on grounds of participation in political corruption.
4. Defendant George Hatalowich was at all times relevant
Operating Officer of the PTC.
5. Defendant Melvin Shelton was at all times relevant a m
employee of the PTC.
6. Defendant Mark Rowe was at all times relevant the Busine
of Teamsters Union Local 77 (Local 77), the union representing emp
the PTCs Eastern Region.
Jurisdiction and Venue
7. This action is filed pursuant to 42 U.S.C. 1983, for damag
based on the unlawful retaliation against Plaintiff by Defendants, and pur
42 U.S.C. 1985(3), for conspiracy to deprive Plaintiff of his civil rights.
8. Jurisdiction of this Court is invoked pursuant to 28 U.S.C.
9. Venue is proper in this district pursuant to 28 U.S.C. 1391
Background
10. From April 2005 till November 20, 2008, Plaintiff h
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12. At the time of the events complained of herein, Patricia
was nominally Plaintiffs immediate supervisor.
13. One of Plaintiffs responsibilities was to investigate and d
second step of the contractual grievance procedure involving union emp
the PTC.
14. At the PTC, the unwritten rule was that PTC union employ
had favored political connections would be afforded favorable treatme
second step of the grievance procedure favorable treatment that
available to other employees. This was a pattern, practice and policy of
was known to and actively supported and maintained by the
Defendants as well as other PTC decisionmakers.
15. In mid-2008, Plaintiff was asked to investigate and hear a
from the termination of employment of a PTC District #4 Toll Collecto
OReilly, stemming from an alleged dispute with a motorist.
16. The alleged dispute between OReilly and the moto
particularly egregious in that OReilly had allegedly assaulted the moto
PTC was in possession of video footage of the assault. The vi
threatened to provide the video to news media if the employee w
terminated.
17. OReillys termination was appealed to Plaintiff by Local 77
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19. During the pendency of the appeal, Defendant Melvin
directed Plaintiff to reinstate OReilly in keeping with the PTC pat
practice and not because the facts warranted such reinstatement.
20. During the pendency of the appeal, Defendant Mark Rowe
Plaintiff that Plaintiff would be fired if he did not reinstate OReilly.
21. Plaintiff did not allow the threats of his terminati
employment to influence his decision to terminate OReilly, but did a
employer of the existence of the threats.
22. On information and belief, Defendant Rowe as business
the union demanded of Defendant Shelton to have Plaintiff fired in reta
Plaintiffs disloyalty in speaking out about and in deciding the OReilly ap
23. On information and belief, Defendant Shelton communicat
demands to Defendant Rubin, who in turn contacted Defendant Hatalo
instructed him to fire Plaintiff.
24. On information and belief, all of the individual defendants k
intended that Plaintiffs termination was in retaliation for Plaintiffs disloy
conspired and agreed among themselves to bring about Plaintiffs firing.
25. Shortly after the OReilly termination, Plaintiffs work sche
work locations were changed in a manner that adversely affected Plaintif
26. On November 20, 2008, as Plaintiff was driving on Pen
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27. Plaintiff was fired in retaliation for his refusal to reinstate t
PTC employee and for his whistle-blowing on PTCs prejudicial and
favoritism of its union employees.
28. Prior to the retaliation, Plaintiff had an impeccable em
record with the PTC and had been an exemplary employee.
29. Subsequent to Plaintiffs termination, and upon informa
belief, Defendants wrongfully interfered with Plaintiffs rightful re
unemployment compensation, as further retaliation for Plaintiffs exerci
First Amendment rights.
COUNT I 42 U.S.C. 1983
30. Plaintiff hereby incorporates paragraphs 1-29 as though
forth herein at length.
31. Defendants, under color of State law, and in violation of
First and Fourteenth Amendment rights, and in further violation of Sect
of the Civil Rights Act, and in retaliation for Plaintiffs exercise of
Amendment right of freedom of speech and association, wrongfully te
Plaintiff as set forth above.
32. The conduct of Defendants, as set forth above, amount
unlawful retaliation for the exercise of Plaintiffs First Amendment rights
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33. As a direct and proximate result of Defendants conduct as
above, Plaintiff was wrongfully terminated and has sustained damages
but not limited to:
a. Loss of income and earning capacity;
b. Loss of benefits of employment; and
c. Emotional distress, embarrassment and humiliation.
WHEREFORE, Plaintiff, Donald Kovac, respectfully requests
Honorable Court enter judgment in his favor and against De
compensatory and punitive damages, together with interest, costs and a
fees along with such additional relief as this Court deems fitting and prop
COUNT II Violation of Pennsylvanias Whistleblower L
34. Plaintiff hereby incorporates paragraphs 33 as though fully
herein at length.
34. Plaintiff is entitled to protection and relief under Penns
Whistleblower Law, 43 P.S. 1421 et seq.
35. Plaintiffs firing was in retaliation for his good faith report to
that OReilly should be terminated, a report that was in direct contravent
PTCs unethical policy of favoritism towards its union employees co
Teamsters Local No. 77.
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37. The conduct of Defendants as set forth above wa
intentional, egregious, and designed to cause Plaintiff damages.
38. As the direct and proximate consequence of the De
conduct, Plaintiff has sustained damages including:
a. Loss of income and earning capacity;
b. Loss of benefits of employment; and
c. Emotional distress, embarrassment and humiliation.
WHEREFORE, Plaintiff, Donald Kovac, respectfully requests
Honorable Court enter judgment in his favor and against De
compensatory and punitive damages, together with interest, costs and a
fees along with such additional relief as this Court deems fitting and prop
A JURY TRIAL IS DEMANDED
STRASSBURGER MCKENNA GUTNI& GEFSKY
By: /s/ Ronald D. BarberRonald D. BarberPa. ID No. 52734
Suite 2200Four Gateway Center444 Liberty AvenuePittsburgh, PA 15222
(412) 281-5423
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