Pubdate: Tue, 11 Nov 2008 Source: Times Leader (Wilkes-Barre, PA) Copyright: 2008 The Times Leader Contact: http://www.timesleader.com/ Details: http://www.mapinc.org/media/933 Author: Terrie Morgan-Besecker Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States) LAWSUIT AGAINST EX-CHIEF CONTINUES Judge: Sufficient evidence was presented against ex-Avoca police chief. SCRANTON - A federal judge has ruled an area man can continue with most of the claims contained in a lawsuit that alleges former Avoca police chief Edward Lukowich tried to coerce him into making false allegations against an officer Lukowich disliked. U.S. District Judge A. Richard Caputo ruled Ryan O'Malley had presented sufficient evidence to support his claims for unlawful search and seizure, false arrest, malicious prosecution, abuse of power and several other claims. Caputo partly dismissed O'Malley's claims of municipal liability against Avoca, but let stand another claim for damages on that count based on a different legal principle. He also dismissed O'Malley's claim for punitive damages against the borough and his claim related to violations of his due process rights. O'Malley filed suit against Lukowich and the borough in April. The suit alleged Lukowich arrested O'Malley on drug charges in 2006 after O'Malley refused Lukowich's demands to falsely accuse former borough officer Michael Savokinas of selling drugs. Savokinas now serves as Luzerne County Sheriff. He has also filed a lawsuit against Avoca and Lukowich. That suit is pending in federal court. Lukowich pleaded guilty in January to official oppression and unsworn falsification in connection with the O'Malley case and was sentenced to six months probation through the county's Accelerated Rehabilitative Disposition Program. The borough filed a motion in June seeking to dismiss O'Malley's suit. But Caputo ruled O'Malley had presented enough evidence at this juncture of the case to support his contention that Lukowich had abused his authority. - --- MAP posted-by: Larry Seguin