Judge rejects latest Anderson motion [Erie Times-News, Pa.]

Sept. 29--Former Millcreek Township School District Administrator Maryann Anderson's bid to revive a motion for sanctions against her former colleagues and legal opponents in U.S. District Court has failed.

U.S. District Judge Arthur J. Schwab, who took over the case when former Chief U.S. District Judge Sean J. McLaughlin resigned from the bench in August, has ruled that the evidence did not support Anderson's claim that McLaughlin should have recused himself from her case to avoid the appearance of a conflict.

Anderson said it could appear that McLaughlin rejected Anderson's sanctions motion on his last day on the bench to curry favor with MacDonald Illig Jones & Britton LLP, the law firm that represented Rebecca Mancini, one of the defendants sued by Anderson, and that also works closely with McLaughlin's new employer, Erie Insurance Group.

Schwab said, instead, it appeared that Anderson had long been dissatisfied with McLaughlin's rulings on her case.

McLaughlin dismissed Anderson's long-pending lawsuit against former Superintendent Dean Maynard, former School Board member Susan Sullivan and Mancini, former director of pupil services, in March, and in August, he rejected the only two motions still pending in the case -- Anderson's requests that her legal opponents, their lawyers and the school district's lawyers be sanctioned by the court for their handling of evidence in the case.

"A reasonable person would not question Judge McLaughlin's impartiality," Schwab said after reviewing the filings. Schwab said it appeared McLaughlin ruled when he did on Anderson's sanctions motion because McLaughlin wanted to wrap up a long-outstanding matter before leaving the bench rather than "appease a law firm."

Anderson's lawyer, Charles Steele, declined to comment.

The defendants who were targeted by the motion for sanctions welcomed Schwab's decision and said they were not surprised.

Mancini's lawyer, Matthew McCullough, said Anderson's request to revive the sanctions motion was her "latest attempt to prolong this case."

"There never should have been any question about Judge McLaughlin's integrity, or the integrity of the judicial system. Judge Schwab's opinion makes that pretty clear," he said.

Arthur Martinucci, lawyer for Maynard and Sullivan, responded, "Like his March 2013 ruling dismissing Anderson's claims, Chief Judge McLaughlin'sAugust 16, 2013 rulings were very detailed, and were very clearly supported by both the law and by the specific facts of this case. There was no legitimate basis for challenging them, or Chief Judge McLaughlin's integrity or impartiality."

Anderson, now superintendent of the Kane Area School District, has appealed the dismissal of her lawsuit to the 3rd U.S. Circuit Court of Appeals.

She claimed in her lawsuit that she reported misconduct in 2007 and that the defendants retaliated by investigating her handling of district special education funds through the Access program.

The defendants said, and McLaughlin agreed, the evidence proved that investigation long predated any whistle-blower reports by Anderson. They said a U.S. Justice Department civil investigation of the Access program proved the district's concerns about the Access program were legitimate.

LISA THOMPSON can be reached at 870-1802 or by e-mail. Follow her on Twitter at twitter.com/ETNthompson.

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