metzger lawsuit

PIKE COUNTY DISPATCH,THURSDAY'MARCH 31' 20' By Chris Jones MILFORD - Dawn Metzger, the former Pike Children & Youth Services (CYS) director who lost her job after a dispute with former Commissioner Harry Forbes over a juvenile placement, has vowed to fight on, this time in the Pike County Court of Common Pleas. On March 16,Metzger's attorney, SidneyL. Gold of Philadelphia, filed a civil action in Milford seeking a jury trial, saying Metzger had been has a master's degree in public ad- ministration. She had been the CYS director from August 2006 until Feb- ruary 2009. In January 2009, Meager autho- rized that a seven-year-old child who had struck a teacher and otherwise disrupted classes be sent to a psychi- atric center for evaluation. According to the suit, while the child was en route to the institution, Forbes contacted Metzger and di- rected her "without legal authority" f{Ietzger Takes Fight For Job, Damages To Pike CountyCourt harmed by the "re- taliatory employ- ment practices" of the defendant, Pike County. On Feb. 28, a federal judge had granted Pike County's mo- tion for summary judgment against Metzger's claim th at her First Amendmentrights under the U.S. Constitution had been violated. But Judge JamesM. Munley of the U.S. District Court for the Middle District of Pennsylvaniasaid at that time that Metzger's claims under the Pa.Constitution andthe Pa.Whistle- blowerLaw were dismissed "without prejudice to bringing such claims to statecourt." The whistleblower case now moves to Milford, with Metzger, a Milford resident and native of Pike County,seeking to get herjob back at Children & Youth Services, along with lost pay and compensatory damages, According to the court filing, Metzger, 37, was a Pa.-licensed social worker with the county and Judge JamesM. Mun- ley of the U.S. District Courtfor the Middle Dis- trict of Pennsylvaniasaid on Feb.28 thatMetzger's claims under the Pa. Constitution and the Pa. WhistleblowerLaw were di smi s s e d " withoutprejudice to bringing such claims t0 state court." to return the child to his foster parents and cancel the evaluation. According to the civil action, Metzger registered her opposition to Forbes. but com- plied. Metzger complained about Forbes'actions to officials at the state Dept of Public Wel- fare (DPW), andshe claims that in retribution for that she was suspended as director of CYS on Jan. 15. In the federal case, the county said Forbes never knew Metzger complained to anyone at DPW and that Metzger's move lacked approval by the county court and the child's foster parents. Metzger's action in Pike County Court says the county attempted to transferher to the Pike County Jail as a ffeatment counselor and ultimately terminatedher from CYS. She alleges the county's actions violated her rights to freedom of speech under the Pa. Constitution, Article 1, Section 7. (Continued on page 3) Tn tT^l- - n

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PIKE COUNTY DISPATCH,THURSDAY'MARCH 31' 20'

By Chris JonesMILFORD - Dawn Metzger,

the former Pike Children & YouthServices (CYS) director who losther job after a dispute with formerCommissioner Harry Forbes overa juvenile placement, has vowed tofight on, this time in the Pike CountyCourt of Common Pleas.

On March 16, Metzger's attorney,Sidney L. Gold of Philadelphia, fileda civil action in Milford seeking ajury trial, saying Metzger had been

has a master's degree in public ad-ministration. She had been the CYSdirector from August 2006 until Feb-ruary 2009.

In January 2009, Meager autho-rized that a seven-year-old child whohad struck a teacher and otherwisedisrupted classes be sent to a psychi-atric center for evaluation.

According to the suit, while thechild was en route to the institution,Forbes contacted Metzger and di-rected her "without legal authority"

f{Ietzger Takes Fight For Job,Damages To Pike County Court

harmed by the "re-taliatory employ-ment practices"of the defendant,Pike County.

O n F e b . 2 8 ,a federal judgehad granted PikeC o u n t y ' s m o -tion for summaryjudgment againstMetzger's claimt h a t h e r F i r s tAmendmentrightsunde r t he U .S .Constitution had been violated.

But Judge James M. Munley ofthe U.S. District Court for the MiddleDistrict of Pennsylvania said at thattime that Metzger's claims under thePa. Constitution and the Pa. Whistle-blowerLaw were dismissed "withoutprejudice to bringing such claims tostate court."

The whist leblower case nowmoves to Milford, with Metzger, aMilford resident and native of PikeCounty, seeking to get herjob backat Children & Youth Services, alongwith lost pay and compensatorydamages,

According to the court filing,Metzger, 37, was a Pa.-l icensedsocial worker with the county and

Judge James M. Mun-ley of the U.S. DistrictCourtfor the Middle Dis-trict of Pennsylvania saidon Feb.28 that Metzger'sclaims under the Pa.Constitution and the Pa.Whistleblower Law weredi smi s s e d " w ithout prej u-dice to bringing suchclaims t0 state court."

to return the childto his foster parentsand cancel the eval-uation. Accordingto the civil action,Metzger registeredher opposition toForbes. but com-plied.

Me tzge r com-p l a i n e d a b o u tForbes 'act ions toofficials at the stateDept of Public Wel-fare (DPW), and she

claims that in retribution for that shewas suspended as director of CYSon Jan. 15.

In the federal case, the countysaid Forbes never knew Metzgercomplained to anyone at DPW andthat Metzger's move lacked approvalby the county court and the child'sfoster parents.

Metzger's action in Pike CountyCourt says the county attempted totransfer her to the Pike County Jail asa ffeatment counselor and ultimatelyterminated her from CYS.

She alleges the county's actionsviolated her rights to freedom ofspeech under the Pa. Constitution,Article 1, Section 7.

(Continued on page 3)

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