A Pennsylvania State Police captain and a lieutenant have gone to court after claiming to be demoted to made-up positions in retaliation for reporting others who falsified their time sheets.
Patrick Dougherty and Derek Felsman sued the Commonwealth on Dec. 29 in federal court, where they hope to prove their free speech rights were violated. It all started when a member of the Criminal Investigation Unit was seen working in the morning, rather than his scheduled noon-8 p.m. shift.
Working those hours gave the investigator an extra 5% income, but in reality, he was working early morning to mid-afternoon, the suit says. The man was even known for making the morning coffee despite his official start time being noon, it adds.
His cause was joined by Lt. Derek Felsman. They believed an internal investigation was needed into criminal acts by at least three individuals but were instead met with hostility, they say.
Dougherty said he was eventually reassigned in July to Assistant Director of Municipal Police Officers’ Education and Training Commission, which had “not previously existed, all in retaliation for his investigating and reporting the falsification of time/shifts by others.”
Felsman, meanwhile, was transferred from Criminal Investigation Section Commander in Troop P to a “phony position of Special Projects Commander (a made-up position, never previously designated in the Troop P manpower allocation table).” He’s now a Patrol Section Commander for Troop R.
Dougherty said Major Norman Cramer attempted to discourage him for pursuing his complaint. An unfounded complaint against him followed, Dougherty said, as well as hostility from Cramer.
Felsman says he was yelled at for 90 minutes by Cramer in May when he was preparing to head to a community service award event.
“The end result was that Plaintiff Felsman was not able to receive the community service award and missed the entire event as he was forced to endure Cramer’s long harangue,” the suit says.
A picture of Felsman with U.S. Rep. Robert Bresnahan during National Police Week in May furthered the retaliation, Felsman said, as did a picture with President Donald Trump. The suit names Gov. Josh Shapiro, a Democrat, as a defendant as the head of state agency matters.
“Presumably this and the criticism over the Trump photo arose from the Democrat front office, reflective of Democrat Governor Shapiro’s partisan party leanings,” the suit says.
One of the three officers under investigation was given a 25-day suspension and transfer to a “specialty position.” Another was given an honorable discharge. The last was not removed from the CIU.
Felsman said he was transferred to a “broom closet position” in July while a new lieutenant was promoted to Troop P.
“Plaintiff experienced a decrease in pay and loss of earnings as well as the elimination of any opportunity for future promotion and future retirement prospects,” the suit says. “This was embarrassing and painful, resulting in the loss of sleep and stress, culminating in an emotional breakdown in front of his two youngest children.”
The plaintiffs are represented by Mark Schwartz of Bryn Mawr.
