Earley sues TWI

The former zoning officer for Honesdale Borough has filed suit against The Wayne Independent and its parent company, alleging his reputation was damaged, among other allegations.

Wayne Earley filed the suit Monday at the courthouse in Honesdale. He is being represented by attorney Mark Zimmer.

The suit asks for $150,000 in punitive damages from The Wayne Independent (TWI) and an additional $50,000 from GateHouse Media, the parent company of the newspaper.

In the suit, Earley claims his reputation was damaged by stories and editorials which appeared in the newspaper.

Earley was fired from his job by Honesdale Borough Council on March 12 of this year.

In the lawsuit, filed in the Court of Common Pleas of the 22nd Judicial District, Earley claims that accusations he was not certified to do certain inspections were, in fact, the fault of Honesdale Borough.

The suit points out several training sessions he attended.

However, it also says there was an agreement between Earley and the borough that the borough would pay for the expenses, something the suit says it did not do.

"That pursuant to the agreement between Plaintiff and Honesdale Borough, Honesdale Borough was responsible for paying for training and the licensing or certification of Plaintiff in the relevant areas in which he was expected to inspect and for which certification existed," says the suit.

After listing all of the training courses, the suit then says it was the borough which failed to pay the fee.

"That to the extent that Plaintiff at any time lacked the Department of Labor and Industry certification for any aspect required for his work, the reason for said lack of certification was the failure of Honesdale Borough to pay the licensing fee and submit qualifications on the Plaintiffs' behalf."

The suit also goes on to outline various news stories and editorials written about Earley and the borough. In those bullet points, the phrase "creates the impression in the mind of the average person to whom it is intended to circulate ..."

Another part of the suit accuses TWI of "false or misleading articles and editorial or opinion pieces regarding Plaintiff."

It also claims the newspaper implied that Earley was responsible for break-ins reported at the zoning office.

The suit goes on to say that Wayne County District Attorney Janine Edwards told borough council "that there was no basis for criminal charges in any of the incidents noted or reported by The Wayne Independent" which appeared in the stories and editorials.

The lawsuit outlines four counts which are alleged:

• Defamation. It claims Earley has "been injured in his good name, his personal and professional reputation, his employment and employability, and his feelings, to his great detriment and financial loss. He seeks $50,000 in that count.

• False light invasion of privacy. It claims TWI "unreasonably" placed a "false light before the public." It also claims the same injuries to his reputation. This count also seeks $50,000.

• Punitive damages. In this count, it calls the conduct of TWI "outrageous, intentional, malicious, willful and in blatant disregard for the rights of the Plaintiff." This also asks for $50,000.

• The final charge is against GateHouse Media Pennsylvania, Holdings, Inc., and alleges the company owes a "duty" to Earley and "persons similarly situated to him to properly hire and supervise its employees in order that they do not purposely and knowingly target individuals such as Plaintiff and defame him and place him in a false light before the public." It also claims his reputation was damaged. This count seeks $50,000 along with the cost of the lawsuit.