Most of lawsuit filed by former Nazareth Borough police officer thrown out

FROM THE EXPRESS TIMES

Only one of former Nazareth Borough police officer Vanessa Cruz-Smith’s claims against her former employer stood up in court, documents say.

U.S. District Court Judge Juan R. Sanchez tossed out two of three claims of a federal lawsuit on Aug. 18 that names the borough, former Chief of Police Michael Sinclair, current Chief of Police Thomas Trachta and Borough Police Detective Frederick Lahovski.

The judge ruled that Cruz-Smith did not have proper evidence to support her claim that she had been subjected to a racially hostile work environment and discriminated against because she is a woman of Puerto Rican descent.

Accusations made against former police chief Michael Sinclair, however, were accepted.

Cruz-Smith alleges that Sinclair made racist comments such as telling Cruz-Smith not to “advertise” her ethnicity because "wetbacks" were not common in the area serviced by the department.

Cruz-Smith also claims Sinclair tried to restrict and obstruct her access to workers compensation after she was injured on duty, “by challenging her medical documentation and her asserted inability to perform her normal duties,” records say.

Cruz-Smith claims in the lawsuit that Sinclair also allegedly told her that women have no place in the department.

The borough could face consequences should a jury rule in favor of Cruz-Smith.

Borough officials, who the lawsuit says collaborated with the police brass, fired Cruz-Smith in June 2009 for missing a court hearing on a criminal case. Cruz-Smith protested her firing and was awarded her job back in September 2009 following arbitration, records say.

Cruz-Smith may file an amended complaint no later than Sept. 19.

http://www.lehighvalleylive.com/nazareth/index.ssf/2011/09/most_of_lawsuit_filed_by_forme.html