The lawsuit claiming a former Foster Township police officer was
fired for exposing alleged wrongdoings in the police department has
been amended to include the Whistle Blowers Act and is being moved
to federal court for further action.

On Tuesday, Attorney H.B. Fink confirmed that his client, Todd
McClain, has amended his civil lawsuit to include allegations that
he was fired for “blowing the whistle … against co-employees” and
that he has been retaliated against since the filing of the
suit.

The suit is against Foster Township Police Chief Jeff Wolbert,
officers Tom Munn and Mike Ward, and Foster Township supervisors
Cary Kaber, Bob Slike and Chris Wolcott.

The lawsuit alleges that McClain was fired from his job as a
police officer because he told co-employees and members of the
public that Munn and Wolbert were gambling online using police
computers and taxpayers’ time, and that Ward spent many work hours
viewing pornographic materials seized as evidence by the
police.

“The suit has been removed (from McKean County Court) to federal
court in Erie,” Fink said Tuesday. He explained the addition of the
Whistle Blowers cause of action to the lawsuit gave the defendants
the right to call for the case to be removed to a higher court.

“As a result of that, I felt I should get a lawyer on board
knowledgeable in federal practice,” he said. He added that while he
has practiced at the federal level, he was seeking the help of
someone with more current experience.

“I did and he is from Pittsburgh,” Fink said, explaining the
attorney is Anthony Rash of the firm Dickie, McCamey &
Chilcote.

“We’re just waiting to hear when we go up,” Fink said.

Counsel for the defendants, Brian Kane of Dapper, Baldasare,
Benson, Behling & Kane of Pittsburgh, was unavailable for
comment on Tuesday.

In a preliminary objection to McClain’s complaint, defense
counsel asks for the entire complaint to be dismissed, saying it
does not comply with Pennsylvania Rules of Civil Procedure.

The objection refers to a letter from Wolbert suspending McClain
and explaining that he would recommend his termination to the
supervisors. The letter, attached as an exhibit to McClain’s suit,
says that McClain was suspected of falsely reporting the theft of
weapons from his truck. He is currently awaiting a preliminary
hearing in front of District Judge Michael Kennedy of Kane on a
criminal charge from that allegation.

Also in the letter, Wolbert accused McClain of providing false
information about the theft of money from the police department. As
of yet, McClain has not been charged in connection with that
alleged incident.

Defense counsel then goes on to present the issues in the suit,
arguing that McClain failed to allege specific conduct to state a
claim for emotional distress; failed to identify any specific
defamatory statements and to whom they were made; failed to
establish what public policy was violated; failed to attach a copy
of his contract which was allegedly breached; and failed to make
any specific averments against the supervisors.