Ex-North Castle Police Chief's Lawsuit Moved To Federal Court

The amended lawsuit, which had previously been in state Supreme Court, is now in U.S. District Court in White Plains.

Harisch, who was appointed police chief in 2013 but resigned in May 2014, accuses Goldberg of retaliating against him for bringing up what he claims is corruption in the Police Department. He alleges that the retaliation included a reduced compensation package not commensurate with his post. He further alleges that his compensation lacked paid sick days and paid vacation, and that he was denied the use of a take-home emergency vehicle, something he alleges was given to his predecessors and successor. 

Harisch also accuses Goldberg of improperly withholding reimbursement for mileage and training.

The former chief also accuses William Fisher, a former lieutenant who preceded him by serving as provisional chief, of overtime fraud. He also claims that Fisher and Goldberg had a two-way street for their professional relationship, alleging that Goldberg had improper use of a police vehicle for a trip to Buffalo. 

Harisch's lawsuit also blasts the Town Board, which is named as a co-defendant, claiming that it swept corruption under the rug and that requests for auditing police records were not acted on.

Goldberg declined to comment on the litigation when asked by Daily Voice. However, two attorneys representing the defendants filed a response to the lawsuit.

The response filing, dated Dec. 16, is from Lewis Silverman and Gerald Smith, who are with the town's outside counsel Rutherford & Christie.

The response argues against Harisch's claim of retaliation, contending that a state statue's section does not apply because he is a public employee. it also argues that Harisch waived a claim for common-law retaliation because a claim under statutory section was made.

The filing also argues against Harisch's federal claim, which alleges that the plaintiff's free speech was violated by the Town Board. The response contends that the complaint "does not identify a specific underlying Constitutional or Statutory injury."

A copy of Harisch's re-filed complaint, which includes paperwork for the transfer of courts, is available here. A copy of the defense attorneys' response filing can be read here.

 

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