WILLIAMSPORT - A Shamokin towing operator has filed a civil lawsuit in federal court, alleging that police and a magisterial district judge violated his civil rights to operate his business.
Alfons Keefer, owner of A&G Towing and A&N Auto Salvage in Shamokin and Coal Township, respectively, filed the suit in U.S. Middle District Court in Williamsport, naming Magisterial District Judge John Gembic III, Coal Township, Shamokin, their respective police chiefs William Carpenter and Edward Griffiths, and the business Anthracite Towing and Recovery, LLC, and its owner, Michael Garcia, as the suit's defendants.
Keefer is asking for a jury trial on the matter and judgments that the defendants "jointly and severally deprived him of his rights under the First and 14th Amendments and the Commerce Clause, together with damages for pain and suffering, embarrassment and humiliation, lost business in the amount of $150,000, emotional distress, punitive damages, fees, costs, attorney's fees and such other relief as may be appropriate."
Due to a 1983 law, the recovery of punitive damages from a municipality is not permitted.
According to the affidavit filed in the case, the business tampering began in November 2008 when Keefer received a call from a family friend looking for help in towing her "abandoned" automobile.
As he was responding to the scene, Keefer alleges he called Coal Township chief Carpenter, who told him that he was forbidden from towing the vehicle, even though it was a private tow request, an unlawful order, the court document said.
When Keefer went to Carpenter to review the tow lists, pointing out he had been doing towing in the area for the last 10 to 15 years, Carpenter allegedly told him that "Gembic's entitled to his fair share of the towing."
Keefer said he did not object but noticed his calls were significantly dropping off.
"Gembic's conducting a towing business and receiving preferential referrals from the police is replete with numerous and obvious conflicts, let along the related violations of the plaintiff's rights," the court document reads.
After complaining to both municipalities, Keefer said in the affidavit that his towing opportunities became more limited, and that his business suffered.
After telling his story to a local TV station, Keefer then filed a complaint against Gembic with the State Judicial Conduct Board on charges that the magisterial district judge was using his influence to steer business for a rival towing company partly owned by Gembic.
That complaint has subsequently been dismissed.
After speaking out, Keefer said that the calls dropped to zero from Shamokin and Coal Township, losing approximately $100,000-$150,000.
In September 2010, according to the documents, Beth Barker, Keefer's significant other, spoke to Carpenter about Keefer being put back on the towing list.
Keefer says Carpenter came to the business a few week prior, and angrily shouted to him, "I'm going to personally put you out of business."
Barker was allegedly told by Carpenter that he was not putting him back on the list because Al "started a fight" with him earlier.
The affidavit also alleges that when the judicial misconduct was reported to authorities, the police then brought "false and baseless charges against him, to deprive him of his property, automobiles, which were stored on his property, which he uses as a parts source."
Keefer was cited by police in violation of a junk vehicle ordinance, but was found not guilty in District Court on the matter. He is currently awaiting trial on felony offenses of theft and receiving stolen property and misdemeanor charges of obstructing the administration of law enforcement or another government agency, tampering with or fabricating physical evidence and deceptive business practices.
According to a state police report, the felony theft investigation stemmed from a missing 2001 Ford F-350, owned by Joy Kulenguskey, of Shamokin. Police said the truck was towed and stored by Keefer at his business, A&G Towing on Bear Valley Avenue, and then the truck disappeared from his property.
Several defendants, including Gembic, Griffiths and Coal Township secretary Robert Slaby Jr., reported Tuesday that they haven't been served with the suit, which was filed Friday.