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A former Montgomery policeman who was conducting an investigation of illegal drug use by council members and was suspended and fired in retaliation will receive a $120,000 payment under the terms of a settlement of a lawsuit in U.S. Middle District Court.
Eric Winters, 34, and borough officials have reached a settlement. Winters was suspended May 4, 2020, the night before he planned to make an arrest in a drug case involving Laurel Green and her boyfriend, according to court documents.
The borough terminated Winters' employment on June 29, 2020.
Under terms of the settlement, Winters will get $68,380 for alleged emotional distress, $35,619 for attorney fees and $16,000 in "back pay."
The back pay is what Winters would have been paid between his resignation and when he signed the agreement to settle with the borough in March. The firing became invalid and was changed to a resignation.
The settlement was reached without admission of liability by the defendants: Susan Andrew, Onufrak III, Green, Clayton Steward, Rocky Sanguedolce, Allen Bennett, C. Roger McRae and the borough.
Drugs and evidence were seized in the Green investigation, but no charges were filed by the district attorney office.
The search warrant was approved by District Attorney Ryan Gardner, signed by an assistant district attorney and by District Judge Christian Frey.
Winters' lawsuit also alleged First Amendment retaliation, claiming council and the borough expressed hostility toward the presentation of grievances under the collective bargaining agreement by the union.
Winters also alleged the borough violated the "whistle blower" law after Winters witnessed alleged waste and wrongdoing.
Winters received complaints from people that he was fired as a result of retaliation for actions the mayor asked him to take, court documents said.
The suit also accused Andrews of state Ethics Law violations for voting on police compensation because her husband is borough police Officer Jeffrey Houseknecht. A question also existed whether Steward resided in the borough, court documents said.
The suit accused the defendants of retaliation, violation of the state's whistle blower law related to the drug investigation and wrongful discharge.
Winters, who was hired in 2016, was named officer-in-charge in June 2019 after Chief Ernie Delp resigned.
Winters was promoted to corporal in October 2019.
Two months later, he requested a pay raise because he was serving in a dual capacity.
The request was denied and he filed a grievance.
He now is working as a police officer in a different municipality.