Former Tioga Co. N.Y. undersheriff awarded $2 million after suing the County, the Sheriff's Dept., the Sheriff and more
TIOGA COUNTY, N.Y. (WENY) -- A lawyer for a former undersheriff with the Tioga County Sheriff's Office confirmed to WENY News on Thursday, June 26 that her client was awarded millions of dollars by a jury. Wayne Moulton had filed a lawsuit against Tioga County, the Tioga County Sheriff's Office, Tioga County Sheriff Gary Howard, and Tioga County Sheriff's Office Captain of Operations Shawn Nalepa arguing his 1st and 14th Amendment rights were violated.
"I brought this lawsuit, not just for me, but for others in law enforcement so that they know that they can stand up for their rights and win. I am relieved that there is finally some accountability in this matter," said Wayne Moulton in a statement to WENY News.
According to the complaint, the situation started back in 2019 when then Deputy Sheriff Moulton expressed interest in running for Sheriff. According to Moulton's initial complaint, it was a move supported by Sheriff Gary Howard.
But then Howard decided to run for re-election, and Moulton was appointed undersheriff. Moulton says he continued to discuss running for sheriff, but in 2020, Moulton says he was confronted by Howard, who said he had evidence Howard was drinking on the job.
In Moulton's claim, he says he offered to take a sobriety test, but was told he wouldn't be allowed to, and that he could either retire or be fired. Howard said he was unsure of what his rights were, and decided to retire.
After Moulton retired, his claim says he found out he had been removed from a registry of retired law enforcement that would have allowed him to carry a concealed firearm. After filing a Freedom Of Information Request, Moulton said he found out Tioga County Sheriff's Office Captain of Operations Shawn Nalepa made statements Moulton says were false to get him removed from the list.
In May 2022, Moulton filed a lawsuit accusing Howard, Nalepa, Tioga County, and the Tioga County Sheriff's Office of violating his rights, and a jury agreed. As a result, Moulton was awarded $1.5 million for economic damages, and $500,000 for non-economic damages.
"While money can never right the wrongs done to Mr. Moulton, we are pleased the defendants in this matter have been held accountable," said Megan Thomas, who represented Moulton alongside Sarah Ruhlen.