No Deductible, Northumberland County Owes Full Bill In Deputy Sheriffs' Lawsuit Loss

SUNBURY - Northumberland County isn't covered by insurance for the $550,000 it was ordered to pay two fired deputy sheriffs Friday following a week-long civil trial.

The county, in fact, has already paid out some $166,000 in legal fees and probably has accumulated another $100,000 in the case, Commissioner Vinny Clausi estimated Saturday.

While the county paid only a deductible of $25,000 in two recent high-profile lawsuit settlements, it did not work through an insurance company in the lawsuit filed by fired deputies Michael Boris III and Joseph Jones.

Instead, the county was handling the case in-house initially with then-assistant solicitor Kymberley Best, and then contracted with Sunbury attorney Timothy Bowers, who Clausi said was

paid about $50,000 in the early days of the case. When Best and Bowers removed themselves from the case, the county hired Michael Apfelbaum. Clausi said he believes Apfelbaum has already been paid about $116,000 and that the county has probably racked up another $100,000 in fees for which it has yet to be billed, including his firm's representation at the trial.

As to an appeal, Clausi said he spoke with Apfelbaum Saturday and that they plan to further evaluate the situation next week.

A jury of six men and six women found Boris and Jones were denied their constitutional rights of free speech and due process and awarded each $250,000. Boris was awarded another $50,000, including $25,000 for pain, suffering, embarrassment and humiliation and $25,000 for punitive damages for Clausi causing him "severe emotional distress."

The jury, which in a civil trial does not have to reach a unanimous decision, ruled 10-2 that Clausi denied both Boris and Jones their right to free speech and former Sheriff Chad Reiner denied both their due process rights.

The county was exonerated in both men's whistleblower's claims, and in Jones' claim for emotional distress.

That was a point of contention for Clausi Saturday, who said the jury was led to believe through closing arguments by Boris and Jones' attorney, Douglas Engelman, that Clausi would be the one paying. But Clausi said because both he and Reiner were sued in their capacity as public officials, it's the county who will pay.

He said the jury "fell into the trap" and didn't understand that, in the end, they were "giving away their own (taxpayer) money."

He also expressed frustration with the fact that Columbia- Montour County Judge Thomas James Jr. presided over the case even though he had thrown out Clausi's $3 million lawsuit against the two fired deputy sheriffs and their then attorney, Greg Stuck, in March 2010.

"He should have never been on this case, in my opinion," Clausi said.