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Air Force donates to Toys for Tots

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Penn State offensive line coach Herb Hand hired by Auburn

<p>WILKES-BARRE &#8212; Attorneys representing Luzerne County in a former county employee&#8217;s wrongful termination lawsuit have asked a judge to dismiss the grievance on all counts, according to court documents filed Monday in federal court.</p><p>In a <a href="https://www.timesleader.com/news/local/499818/terminated-luzerne-county-hr-director-sues-county" target="_blank">lawsuit filed last month</a>, former human resources director Donna Davis Javitz alleged <a href="https://www.timesleader.com/news/local/491102/another-top-division-head-in-luzerne-county-government-out-of-job" target="_blank">her October termination</a> was in retaliation to her attempts to spark a criminal investigation into union officials whom she claimed illegally recorded her conversations.</p><p>Davis, an attorney, had been hired in August 2014 at a salary of $55,000.</p><p>The 33-page suit, which also names as defendants Administrative Services Division Head David Parsnik and former county Manager Robert Lawton, says the county violated Davis&#8217; rights after failing &#8220;to train its officials and personnel not to retaliate against a citizen who engaged in free speech.&#8221;</p><p>On Monday, defense attorney Chad J. Sweigart urged U.S. District Court Judge Robert D. Mariani to dismiss Davis&#8217; complaint for failure to state a claim and to strike &#8220;the impertinent and scandalous averments littering Plaintiff&#8217;s complaint,&#8221; wrote Sweigart, of Wilkes-Barre law firm Elliot Greenleaf &amp; Dean.</p><p>Filed on Dec. 21 by Pittston attorney Cynthia L. Pollick, Davis&#8217; complaint makes multiple references to the county&#8217;s &#8220;stigma&#8221; of political corruption in the wake of numerous highly-publicized scandals and arrests of top county officials.</p><p>A message left Monday for Pollick was not immediately returned.</p><p>Sweigart argued the complaint contains numerous allegations that &#8220;are injected into this action solely to taint defendants (for conduct which they are not liable) and which simply have no bearing on the baseless claims advanced by Plaintiff in this litigation.&#8221;</p><p>The suit says Davis &#8220;has a history of speaking out and opposing political corruption&#8221; and that county policy and state law encourage employees to disclose information they believe violates the law and prohibits them from being penalized or punished as a result.</p><p>Davis has been embroiled in litigation against top county officials before, court records show. In 2014, she sued Lackawanna County and former commissioners Corey O&#8217;Brien and Jim Wansacz after she claimed politics cost her a job in county government in 2012 for which she believed she was highly qualified.</p><style>
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<div class="neCaption">Lawton </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2016/01/web1_lawtonnewuse.jpg</photo0><caption0>Lawton </caption0><photoCredit0></photoCredit0></div><div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2016/01/web1_Parsnik-Dave.jpg">
<div class="neCaption">Parsnik </div></div><div class="metaInfo"><photo1>https://www.timesleader.com/wp-content/uploads/2016/01/web1_Parsnik-Dave.jpg</photo1><caption1>Parsnik </caption1><photoCredit1></photoCredit1></div></div>
<div class="metaInfo"><bylineMeta><p>By Joe Dolinsky</p><p>jdolinsky@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Joe Dolinsky at 570-991-6110 or on Twitter @JoeDolinskyTL</p></shirttailMeta></div>

County seeks to dismiss former HR manager’s wrongful termination lawsuit