Vinosky lawsuit moves forward

Judge says man has ‘properly alleged civil rights violations’

A federal judge ruled Wednesday that a former student intern working on his master's degree in education with the Hollidaysburg Area School District can continue his lawsuit against several local police officers and two school officials who were involved with his arrest on charges -- later dismissed -- that he made threatening phone calls to five district schools in 2019.

U.S. District Judge Stephanie L. Haines in Johnstown concluded that Scott M. Vinosky has properly alleged civil rights violations against two Hollidaysburg Borough police officers, an Allegheny Township Police officer and school officials.

The judge, however, in her 33-page opinion, dismissed Vinosky's civil rights complaints against two Logan Township officers.

She also dismissed a complaint against retired Blair County District Attorney Richard A. Consiglio and Blair County, but she did so "without prejudice," meaning that Vinosky's attorneys, Ronald P. Carnevali, Jr. and Toby D. McIlwain of Johnstown, can file an amended complaint adding more detail about the DA's role in the arrest.

Haines gave Vinosky's attorneys until Oct. 29 to file the amended complaint.

Vinosky, as part of earning a graduate degree from Indiana University of Pennsylvania, was serving as an intern with the Hollidaysburg Area School District.

His duties with the district began on Aug. 27, 2019, but, according to the Haines opinion, he was terminated in November by the school district because he had made an unauthorized call to the Pennsylvania ChildLine about an alleged incident of child abuse.

Vinosky claimed the ChildLine report was made "in accordance with his mandatory reporting obligations."

A few days after Vinosky's termination, on Nov. 20, 2019, threatening phone calls were recorded at five Hollidaysburg area schools in which an individual identifying himself as "Mr. Fantastic" demanded changes in the school system by 5 p.m. Nov. 22, or the caller said he "would be forced to reallocate the resources of the world."

Hollidaysburg police officer Allen Fochler responded, and while playing back one of the recorded messages, Hollidaysburg Senior High School Principal Maureen Letcher and a district guidance counselor Hully Hoover identified the voice of the caller as Vinosky's.

One of the schools that received calls was in Allegheny Township, and that brought Allegheny Township Police Chief Leo Berg into the picture.

The police consulted with Consiglio, and eventually Vinosky, who denied he made the calls, was arrested and charged with causing and risking a catastrophe, harassment and disorderly conduct.

He was arrested at his State College residence and placed in the Blair County Prison.

That arrest occurred, according to the lawsuit, even though school officials and then Hollidaysburg Police Chief Rodney Estep Jr. had traced the calls to another individual, Javier A. Cantos Jr.

Cantos had been taken into custody by Logan Township police on another matter shortly after the calls were made, and he told the police about the calls.

Cantos was sentenced in August to serve a prison term of 15 months to five years for the offenses.

Logan Township did not inform Hollidaysburg about the Cantos' admission because the officers did not realize there was a criminal investigation into the calls.

Vinosky was released from the Blair County Prison and charges were eventually dismissed.

His civil rights lawsuit charges false arrest, false imprisonment, malicious prosecution against the police and intentional infliction of emotional distress against the Hollidaysburg school officials.

The defendants in the cases contended they were protected by legal immunity.

Haines let stand the civil cases against chiefs Berg and Estep and officer Fochler.

Haines stated in her opinion "plaintiff has sufficiently pleaded his false imprisonment claims as the parties (the police) do not appear to contest that plaintiff was detained pursuant to his arrest."

She also rejected the officers' claims of immunity.

She next dismissed civil charges against the two Logan Township officers who had taken Cantos into custody but who did not report his comments about the calls to the Hollidaysburg or Allegheny Township investigators.

Logan Township argued that their officers had no involvement in the Vinosky arrest.

Haines explained there are no claims in the lawsuit to indicate the Logan Township officers even knew the calls were the subject of a criminal investigation.

She dismissed the civil rights complaint against Logan officers "with prejudice."

Although DA Consiglio was consulted by police about the ongoing investigation, Haines dismissed the civil rights charges against him at this point, noting the Vinosky complaint "fails to assert any specific details concerning Attorney Consiglio's role in these events."

She concluded that "It is not clear ... what such advice was given (to officers by Consiglio) and whether it concerned an investigation or was related to the filing and approving of a criminal complaint."

Addressing the claims against the school officials, Haines stated, "the Court finds (Vinosky) has adequately stated a claim for intentional infliction of emotional distress."