Judge Dismisses Parts of Suit Against Former Pa. Officers, Firefighters

July 07--A federal judge dismissed one of two counts of a lawsuit filed against Old Forge by a woman sexually abused as a teenager by members of the borough police and a borough volunteer fire company.

Judge Robert D. Mariani also dismissed the borough's Police Department and fire company from the case and dismissed several counts filed against former Police Chief Larry Semenza and former Capt. Jamie Krenitsky.

The woman, identified as Jane Doe, filed suit in 2012, seeking damages for harm she says she suffered after being abused by Mr. Semenza, Mr. Krenitsky and former Old Forge Hose & Engine Company firefighter Walter Chiavacci when she was 15. The three men were charged in 2012 after the woman came forward. Each pleaded guilty or was convicted of charges related to the abuse.

The lawsuit sought damages from the borough based on a legal theory that it was responsible for the abuse because it failed to properly train its employees and/or have a policy in place to protect against the sexual abuse of children. It also alleged violations of the woman's due process rights.

Judge Mariani dismissed the due process claim. He let stand the count relating to a lack of policies and failure to train, but cautioned the count might be later dismissed if the woman does not present further evidence to support the claim.

The judge dismissed the police and fire departments entirely, finding that they are not a separate entity from the borough.

The suit also sought damages on eight counts against Mr. Semenza and seven counts against Mr. Krenitsky. Judge Mariani dismissed four counts each against the men: two counts of negligence, one count of intentional infliction of emotional distress and one count of violations of the Child Abuse Victims' Rights Act. Mr. Chiavacci did not seek to dismiss any of the counts against him.

The rulings allow the case to continue. Harry Coleman, attorney for the borough, said he intends to file a new motion seeking to dismiss the remaining claims against the borough within about 30 days.

Copyright 2015 - The Times-Tribune, Scranton, Pa.