ALLENTOWN, Pa. — A judge this week threw out two city police officers’ whistleblower lawsuit against Allentown Police Department, according to court records.
Randy Fey and David Howells III this summer filed a suit that alleged they faced retaliation from police officials after repeatedly trying to report widespread criminal activity within the department’s Vice and Intelligence Unit.
Their lawsuit named as defendants more than a dozen Allentown police officials, including Chief Charles Roca and former Chiefs Glenn Granitz, Glen Dorney and Keith Morris; five assistant chiefs; and six captains.
The officers’ allegations included vice detectives stealing money during searches, interfering with investigations and having sexual relationships with prostitutes.
The lawsuit alleged Fey was transferred out of the vice unit in 2020 and in 2023 after reporting his colleagues to superiors, while Howells was transferred out of the unit in October 2023 and demoted to patrolman, the lowest rank in Allentown Police Department.
Dismissed with prejudice
Attorney Steven Hoffman, representing the police department and its officials, in August filed preliminary objections that argued Fey and Howells have no case because they missed the deadline to report their allegations of retaliation and didn't serve officials with the lawsuit.
Any claims of retaliation before Jan. 28 are “time-barred” and cannot be fought in court, Hoffman wrote.
But Lehigh County Judge Zachary Cohen on Monday dismissed Fey and Howells’ lawsuit with prejudice, meaning they cannot refile the litigation.Lehigh County court records
“Courts have no discretion to extend” the Pennsylvania’s Whistleblower Act's 180-day statute of limitations on reports of retaliation, according to Hoffman.
A pretrial conference was scheduled for March 26, with a non-jury trial to start in mid-April, court records show.
But Lehigh County Judge Zachary Cohen on Monday dismissed Fey and Howells’ lawsuit with prejudice, meaning they can't refile the litigation.
Case not over yet?
However, Dennis Charles, who represented Fey and Howells, told LehighValleyNews.com on Wednesday that he plans to soon file a motion for reconsideration.
"I do think this will be corrected."Attorney Dennis Charles
The case was rejected over a "technicality" and because of its merits, Charles said.
He said the court rejected one of his electronic legal filings because it was missing a signature. He argued that led Cohen to believe the plaintiffs were no longer fighting their case.
The attorney said he has a receipt showing he made a "good faith" effort to file his paperwork and is optimistic he'll get the case back in court "where it's supposed to be."
"I do think this will be corrected," he said.
