Trooper who Snitched on Officers who Killed Black Teen Can't Get Job Back - Lawsuit Dismissed

PITTSBURGH (AP) — A judge dismissed a lawsuit filed by a state trooper who claimed he was forced to retire after he raised questions about the official version of a state police shooting of an unarmed 12-year-old boy.

James Baranowski's suit was filed too late and the concerns he raised were part of his job duties, and therefore not protected speech under the First Amendment, federal Judge Nora Barry Fischer ruled Tuesday.

Earlier this month in a separate case, a federal jury awarded $28 million the father of Michael Ellerbe, who was fatally shot on Christmas Eve 2002 during a police chase in Uniontown.

That night, two officers pursued Ellerbe as he ran from a stolen vehicle and the jury concluded that both of them intentionally shot Ellerbe.

Baranowski's attorney, Timothy O'Brien, said Baranowski was considering an appeal.

"It should be of great concern to all of us that when a police officer comes forward as did Mr. Baranowski to report wrongdoing — putting his career on the line — that his speech does not have the same protection afforded to other citizens under the First Amendment," O'Brien said in a statement.

The two troopers, Samuel Nassan and Juan Curry, claimed that Nassan shot Ellerbe — and then only because the officer believed Curry had been shot by the boy. Nassan said he later learned that Curry's gun had gone off while climbing a fence.

Baranowski was the incident commander until a member of the crime unit arrived to take over the investigation.

Baranowski said he noticed discrepancies in the troopers' account and eventually spoke up. When Curry demonstrated what had occurred, the barrel of the gun was close to his face — but Baranowski noticed Curry's face bore no powder burns.

Baranowski testified at the Ellerbe trial that he took his concerns to Lt. Charles Depp, commander of the Uniontown barracks, and Capt. Roger Waters, the troop commander.

He said Depp told him to mind his own business because he was not a part of the investigation. Depp denied that conversation took place, according to Fischer's opinion.

Baranowski claimed he was then subjected to unwarranted discipline over unrelated matters and told his job his job was in jeopardy. He said he retired rather than face firing.

In the opinion, Fisher said Baranowski would only be entitled to have his speech protected if he spoke both as a citizen and about a matter of public concern. Fischer found that Baranowski's concerns were raised as a member of the state police.