Appeals court allows whistleblower lawsuit against Pa. GOP caucus

Rich Cholodofsky, Tribune-Review, Greensburg, Pa.
·2 min read

Mar. 19—A whistleblower lawsuit filed by the former chief of staff for state Rep. Eric Davanzo can proceed, Pennsylvania's Commonwealth Court has ruled.

A three-judge panel this month rejected an effort from the Pennsylvania House Republican Caucus to dismiss the lawsuit filed in 2022 by Marcel Nicole Ingram, who claimed she was improperly fired after she reported evidence of mold in the walls at Davanzo's West Newton district office.

"From our perspective, we're excited about moving the case forward and vindicating our client's rights," said Ingram's lawyer, Nicholas Kennedy.

According to the lawsuit, Ingram, who was hired in 2020, claimed she was terminated after Davanzo complained about her actions to the House Republican Caucus, which hired staff for his office. In her filing, Ingram said she was instructed by the caucus to purchase a mold test after raising health concerns to Davanzo about office conditions in 2022.

Those tests revealed the presence of mold and, according to court records, Davanzo in an expletive-laced email exchange objected to Ingram's actions and reduced her job responsibilities before she was fired by the caucus.

A two-term Republican from Smithton who is seeking reelection this year, Davanzo did not respond Tuesday to a request for comment.

An attorney for the Republican caucus also did not return calls seeking comment.

The court judges dismissed one count of the lawsuit, in which Ingram claimed her job duties did not include testing for mold.

A federal judge last year dismissed a related lawsuit Ingram filed against the Republican caucus, Davanzo and state Rep. George Dunbar, R-Penn Township. In that case, Ingram claimed she was fired as retaliation and as a result claimed that action was against Pennsylvania's whistleblower law and that her First Amendment right to speak on a matter of public concern was violated.

According to court records, an appeal of that ruling is pending before the U.S. Third Circuit Court of Appeals.

Rich Cholodofsky is a TribLive reporter covering Westmoreland County government, politics and courts. He can be reached at rcholodofsky@triblive.com.