Lawsuit: Former DuBois police chief claims city, officials fired him out of retaliation

DUBOIS, Pa. (WTAJ) — Blaine Clark, the former DuBois Chief of police, was terminated in April, but now he’s filed a lawsuit against the city of DuBois and several elected officials.

The lawsuit names the following individuals, alongside the city, as defendants:

• Councilwoman Jennifer Jackson
• Mayor Pat Reasinger
• Councilman Eliott Gelfand
• City Manager Chris Nasuti
• Assistant Police Chief Dustin Roy

According to the lawsuit, Clark claims that his firing violated his Fourteenth Amendment right. He claims that the city and officials did not give him proper notice or allow him to contest the decision during a hearing. At the time of the incidents, Clark had signed a four-year contract extension and he would have been employed until Dec. 31, 2026.

In the lawsuit, Clark claims that each defendant moved forward with his termination without just cause.

Accusations against Councilman Eliott Gelfand

Clark noted that throughout 2023, Gelfand “continuously violated provisions of the City’s Ordinance and Pennsylvania’s Motor Vehicle Code.” Most specifically he refers to alleged instances of parking in the right of way, driving on a sidewalk and blocking a sidewalk. Clark said that he issued multiple citations however, Gelfand persisted in violating the provisions.

Clark alleges that in Jan. 2024, he spoke with City Manager Nasuti regarding Gelfand’s violations and asked him to speak with him about refraining from committing any more violations.

Accusations against Councilwoman Jennifer Jackson

In the lawsuit, Clark said he was investigating two complaints against Jackson where she allegedly harassed and committed criminal mischief at a nonprofit organization. Clark said that he investigated the claims and “found the incidents to be true and recommended the complainants file formal charges.” However, another officer spoke with Jackson and she agreed to refrain from such behavior in the future, and the complainants therefore decided not to press charges, according to the suit.

Clark also said that he had to investigate claims during the election cycle that Jackson was “buying votes” in that she was providing prizes through her Facebook page to voters. Clark said he advised those complainants to contact the Clearfield County Election Office and Clearfield County District Attorney, the lawsuit notes.

In 2023, Jackson is alleged to have said “When I’m on council, and I will be, there will be something on your chief (referencing Clark), and he will be done,” in a conversation with a former council member.

Clark noted in the complaint that Jackson had also “continuously violated provisions of the City’s Ordinance and Pennsylvania’s Motor Vehicle Code prohibiting driving on a sidewalk and parking on a sidewalk.”

Similar to Gelfand, Clark said he spoke to Nasuti and asked him to speak with Jackson and refrain from committing any more violations.

Accusations against Mayor Pat Reasinger

In the lawsuit, Clark notes that in July of 2023, he was investigating claims that Reasinger had directed another city official to change the name and recipient of water bills from a building he owned directly to tenants which would have been in violation of city ordinances. He also was allegedly told by citizens that Reasinger had voted during a council meeting to have the city pay bills and tender donations to an organization that his wife oversaw.

Clark said that during an investigation he determined that Reasinger violated the Pennsylvania Official and Employee Ethics Act.

Clark’s claims of wrongdoings, retaliation and disgruntled officers

According to the lawsuit, on Feb. 15, 2024, the mayor and city council placed Clark on paid leave “without thereafter providing him with a meaningful hearing or adequate opportunity to contest or otherwise respond to the accusations or charges against him.”

On Feb. 27, 2024, Clark was given a Notice of Charges by Nasuti who told him he had an opportunity to respond at a Loudermill hearing. In the Loudermill, the council allegedly accused Clark of failing to perform his job and the responsibilities it entails when it came to “allegations of theft made by Sheetz employees against Mayor Schmidt.”

The lawsuit also claims that in a letter, Assistant Police Chief Dustin Roy detailed allegations of misconduct on Clark’s part. Roy also alleges that Clark conducted unlawful searches and seizures, obtained admissions and confessions through coercion and altered the chain of custody by storing illegal narcotics in his office.

Clark also noted that just two days before the date on Roy’s letter Clark issued a written reprimand against Roy for misconduct on the job. The lawsuit claims these accusations are all baseless.

The Loudermill hearing took place on March 1 and the lawsuit claims Clark was unable to ask questions or respond to the charges against him.

On April 8, Gelfand, Jackson and Reasinger voted to terminate Clark without “any advanced notice opportunity to be heard or respond, or just cause.” Following his termination Clark claims the city failed to pay him due wages.

“In voting to terminate Police Chief Clark,” Gelfand, Jackson, and Reasinger “retaliated” against Clark for the charges and citations he was filing or about to file against them. Adding that he was about to report them all for “committing wrongdoing.”

The lawsuit argues that pursuant to due process, “a municipality must provide an officer with proper pre-deprivation notice of termination, an opportunity to request a hearing, and an opportunity to contest the charges and termination.”

The allegations also call Roy a “disgruntled police officer who was upset with the disciplinary action” Clark had imposed on him. The lawsuit adds the reasoning for the termination was “based on unsubstantiated passing references in a criminal complaint that was not even filed.” It adds that neither the city nor the council ever verified the allegations with supporting documents and witnesses saying that “no court has ever held that former Police Chief Clark committed illegal searches and seizures or obtained a confession in an unlawful manner.”

You can find the full lawsuit below:

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Per the documents, they argue that the named defendant’s actions are in violation of the “Pennsylvania Whistleblower Law.” Clark is asking for $275,000 in damages for accrued vacation and sick time and at least $25,000 for damages for retirement compensation and other unnamed amounts for “emotional distress and mental anguish.”

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