The Herald, Sharon, Pa.

Local News

October 11, 2013

Toth adds township to free-speech civil suit

SOUTH PYMATUNING TOWNSHIP — Fresh from his victory in criminal court fighting charges that he disrupted a South Pymatuning Township supervisors’ meeting, Kurt D. Toth has filed new charges in an amended civil suit related to the same incident.

Toth has added South Pymatuning Township as a defendant – he initially sued only patrolman Andreu Foriska – and levied charges that the township violated his free-speech rights, and that Foriska maliciously prosecuted him, abused the criminal process and committed battery against him.

His previous complaint included charges that Foriska violated his free-speech rights, retaliated against him for exercising those rights and assaulted him.

The events arose from a June 12, 2012, supervisors’ meeting when Foriska removed Toth from the meeting at Taserpoint as Toth was questioning the supervisors.

Foriska charged Toth in criminal court and Toth went to trial Aug. 13. Mercer County Common Pleas Court Judge Thomas R. Dobson dismissed charges of disorderly conduct and failing to disperse after the prosecution rested its case, and found Toth not guilty of disrupting a lawful meeting.

Dobson said Toth, Foriska and then-Supervisor Michael Nashtock shared blame for the unpleasantness at the meeting: Toth for not showing respect or restraint; Nashtock, who was chairman, for not controlling the meeting or Foriska; and Foriska for usurping Nashtock’s role and stepping in when he was not needed.

While Dobson’s comments were made at a criminal trial in a state court, and Toth’s civil suit is before a federal judge, the amended complaint incorporates the supervisors’ alleged lack of strict control of meetings into the allegations of the suit.

The suit also alleges the township did not properly train Foriska as to his role when he is assigned to attend a supervisors’ meeting, and failed to “control” him when he stepped in and removed Toth.

The complaint also alleges Foriska filed the criminal case “to create leverage against (Toth) to withdraw his federal complaint in exchange for the reduction of charges as part of a plea bargain.”

Foriska filed the criminal charges June 25, 2012, three days after Toth initiated his civil suit.

The township and Foriska will have an opportunity to respond to the amended complaint, which was filed Oct. 1.

1
Text Only
Local News
  • City zoners give nod to Speedway signs

    Speedway cleared a hurdle Thursday when city zoners granted a variance for signs at the company’s gas station and convenience store proposed for downtown Sharon.

    August 1, 2014

  • Retirement is definite, hiring replacement isn’t

    Farrell Fire Chief Joseph Santell will be retiring at the end of this year.

    August 1, 2014

  • Natural gas rates drop 5.6 pct.

    National Fuel Gas Distribution Corp. on Thursday announced it lowered residential natural gas rates by 5.6 percent, effective today through October.

    August 1, 2014

  • Audit calls for better record-keeping policies

    The annual auditor’s report for the City of Farrell was presented by City Manager Michael Ceci to council members Monday.

    August 1, 2014

  • trout island trail paving Hot on the trail

    Work began last week to pave a section of the Trout Island Trail, replacing a crushed limestone surface.

    August 1, 2014 3 Photos

  • CIRT team in Jackson Center Man arrested after shooting standoff

    One Jackson Center man is recovering from a bullet wound, and the borough resident accused of shooting him sits in jail after a long night of drinking that state police say turned into a case of attempted homicide.

    July 31, 2014 1 Photo

  • Sharon Speedway location City on track for new Speedway store

    Speedway is lining up its administrative and bureaucratic cones on plans for the gas station and convenience store chain to zoom into downtown Sharon.

    July 31, 2014 1 Photo

  • Guards, county OK deal

    County officials and guards at the Mercer County Jail have reached a tentative contract agreement that, if approved, halts the idea of privatizing operations at the facility.

    July 31, 2014

  • Doss: Public has right to know

    A major part of Farrell council’s work session Monday was spent deciding whether or not to inform the audience about an unofficial police proposal from the City of Sharon.

    July 30, 2014

  • Budget falling short despite tax hike

    Farrell residents may have seen an income tax increase this year, but the city isn’t seeing the extra dollars City Manager Michael Ceci budgeted for.

    July 30, 2014

  • oakwood graves 1 Resting together

    Visitors to Oakwood Cemetery would see many  familiar local names if they looked down the hillside to the left just inside the gate on Sharon’s North Oakland Avenue.

    July 30, 2014 3 Photos

  • Police: Kids in car were OK

    The mother of two young children was drunk and passed out when police found them all in a car parked along a city street, Sharon police said.

    July 29, 2014

  • To talk – or not – about police

    The mysterious agenda item, “No. 10,” at Farrell’s council meeting Monday became the center of a heated workshop and business session.

    July 29, 2014

  • Community thanks its first-responders

    Sharpsville honored its emergency responders Sunday at an event that included Mertz Towers residents as special guests.

    July 28, 2014

  • Drilling boom challenges state inspectors

    The state’s 83 well inspectors face a daunting enough challenge keeping tabs on 120,000 active oil and gas wells that have been drilled over the last century.

    July 28, 2014