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.