News Briefing July 3-9, 2015

Gay litigant gets new attorney

An openly gay attorney suing his former employer for workplace bias has selected a new attorney to handle his litigation.

John A. Gallagher began serving as Jeffrey S. Downs’ attorney last month. He replaces Michael A. Bowman and Anthony C. Giletto 2d, who represented Downs during a two-week jury trial in May.

“I’m excited about my legal representation,” Downs told PGN. “This case needs an aggressive lawyer to hit back at the tactics employed by defense counsel. John Gallagher is providing strong representation. Mike Bowman and Anthony Giletto have assisted in the transition.”

Downs contends he was mistreated by his former employer, law firm Anapol Schwartz, due to his sexual orientation. But when he tried to get a new job, Anapol defamed him to a prospective employer, nixing the job offer, he said.

He’s seeking more than $6 million in damages.

A Philadelphia jury sided with Anapol in May, but Downs has requested a new trial, citing multiple errors allegedly made by the trial judge.

He’s also suing in federal court, and jury selection is set to begin on Sept. 11, with U.S. District Judge Luis F. Restrepo presiding.

 

Magistrate judge assigned to police-brutality case

U.S. Magistrate Judge Lynne A. Sitarski has been assigned to handle the police-brutality lawsuit of Luis A. Berrios 3d.

Berrios is suing Officer Michael Gentile for allegedly using excessive force when arresting him during a domestic disturbance in December 2010.

He’s also suing Officer Robert Taverez and Det. Joseph Newbert for allegedly facilitating the excessive force.

Berrios contends police were motivated by homophobia, noting that slurs and taunts such as “faggot” were hurled at him during the incident.

On June 25, Sitarski ordered a pre-trial telephone conference for 3 p.m. June 29. Additional information about the conference was unavailable as of presstime.

If the case isn’t settled, a jury trial is expected later this year.

— Timothy Cwiek

 

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Tim Cwiek
Tim Cwiek has been writing for PGN since the 1970s. He holds a bachelor's degree in history from West Chester State University. In 2013, he received a Sigma Delta Chi Investigative Reporting Award from the Society of Professional Journalists for his reporting on the Nizah Morris case. Cwiek was the first reporter for an LGBT media outlet to win an award from that national organization. He's also received awards from the National Lesbian and Gay Journalists Association, the National Newspaper Association, the Keystone Press and the Pennsylvania Press Club.