Federal judge spurns Slatington police officer’s latest attempt at lawsuit

A federal judge has denied a request by a Slatington sergeant on disability leave to sue the borough.

U.S. District Court Judge Gerald J. Pappert issued a 13-page decision on Nov. 26 in regard to Salvatore Taibi.

A Slatington police officer since 1991, Taibi was promoted to sergeant in January 2014.

On July 20, 2012, Taibi fell off a porch while on duty. He tore his meniscus, bruised his ribs and injured his lower back.

He has been on disability since that time.

In August 2017, Taibi and his lawyer met with Slatington’s borough manager and the borough solicitor.

Taibi alleged during the meeting that “it was strongly implied … that consideration was being given” during that meeting to terminating his employment.

Taibi claims that on Sept. 28, 2017, the borough required him to be medically examined for a second time “in an attempt to justify having (Taibi) declared unfit for any duties.”

Taibi believes that he “began receiving threats of the imminent demise of his employment, based upon the fact that he merely had to remain out of work on Heart and Lung leave.”

Taibi is saying he asked to be placed on light duty or a desk job, but has not been accommodated.

While on disability leave, Taibi filed his original complaint in the Lehigh County Court of Common Pleas.

After taking the case to federal court, the borough moved to dismiss Taibi’s complaint for failure to state a claim.

“Like its predecessor, Taibi’s amended complaint is, to be charitable, a mishmash of repetitive, inherently contradictory and generally nonsensical allegations,” Pappert said. “It is difficult to discern exactly what Taibi is alleging or what laws the borough has transgressed, particularly since Taibi states that the borough has yet to even do anything to Taibi.

The judge said Taibi did not show that the borough received federal funding that requires accommodation.

“Even if he had, Taibi fails to state a claim for any form of discrimination or failure to accommodate,” the decision said.

After the borough moved to dismiss Taibi’s complaint for failure to state a claim, Taibi filed an amended complaint.

Specifically, he acknowledges that the borough hasn’t fired him or in any way prevented him from doing his job.

“Indeed, he remains on total disability leave, collecting his pay and benefits under Pennsylvania’s Heart and Lung Act,” the decision said. “He also fails to state any claim for failure to accommodate, largely because he does not identify the position he is qualified to perform with an accommodation. He merely seeks to be placed on ‘light duty,’ which would appear to mean a ‘desk job,’ but he does not state that such an opportunity exists with the police department.”

Pappert said, “Further amendment would be futile, not to mention very likely in bad faith given the amended complaint’s frivolity.”