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WESTOVER - The Intermediate Court of Appeals of West Virginia has upheld the Monongalia County Circuit Court's December 2024 decision to dismiss a 2023 lawsuit brought by former Westover police officer Aaron Dalton.
During Monday's meeting of Westover City Council, attorney Tim Stranko said Dalton's legal counsel has until the end of the month to appeal the ruling to the West Virginia Supreme Court.
The suit in question - which names the city, former WPD Chief Richard Panico and WPD Officer Zachary Fecsko as defendants - is one of two filed by Dalton in the wake of his firing from the department.
Prior to his termination in February 2022, Dalton was a lieutenant with WPD. He was suspended pending investigation in August 2021 after several allegations of misconduct were made against him in a petition submitted to the city by 11 coworkers.
Dalton was accused of creating a hostile work environment by engaging in acts of sexual harassment and verbal abuse and threats towards coworkers, including the use of racial/ethnic slurs and other offensive remarks and gestures.
Additionally, Dalton was involved in a pair of incidents that resulted in lawsuits filed against the city alleging violent misconduct by its officers. The city's insurance carrier ultimately paid out more than $1.1 million in settlements as a result of those lawsuits.
Dalton appealed his termination before the Westover Civil Service Commission, which upheld the decision. That ruling was subsequently confirmed by the Monongalia County Circuit Court and the Intermediate Court of Appeals of West Virginia. It is currently being appealed before the Supreme Court of Appeals of West Virginia.
In March, Stranko said he was confident the state's high court would uphold the decision, explaining, "We don't know that there are any new issues that are to be raised. My supposition is Mr. Dalton's counsel is just going to argue an error of law. I don't really see a viable appeal, but we'll go through the process."
The second lawsuit, brought against the city, Panico and Fecsko in 2023, included claims of violations of the state's whistleblower law, intentional infliction of emotional distress, defamation and tortious interference.
The claims against the city were dismissed by Monongalia County Circuit Court on Dec. 27, 2024. The claims against Panico and Fecsko were dismissed three days later.
On Aug. 27, the state's Intermediate Court of Appeals said it found, "no substantial question of law and prejudicial error" in affirming the court's decision.
Stranko said the city is waiting to see if Dalton will also appeal this decision to the WV Supreme Court.
"That appeal period runs out at the end of the month. If they don't file a Supreme Court appeal, that case will be done," he said. "So, we're approaching the finish line. It's a slog, but everybody's getting their day in court, and we're doing just fine."
In other Westover news, council approved the purchase 150 tons of treated road salt for $38,550.
Lastly, trick-or-treat in the city of Westover will be held from 6- 7:30 p.m. on Oct. 31.