A jury ruled against Tioga County and its sheriff’s office earlier this summer in a federal civil rights lawsuit brought by a former undersheriff.
Former Undersheriff Walter Moulton was awarded $2 million, but the county may have to pay more.
Tioga County Sheriff Gary Howard announced he would retire before the 2020 election, then decided he would run for another term.
By then, Moulton had declared his interest in running for sheriff.
Moulton was falsely accused of drinking on the job. According to court documents, he asked for a chance to defend himself, but was told to “retire now or you are fired”.
Believing he had no other options, Moulton retired. Because of the accusations, he was removed from a state registry with the Division of Criminal Justice Services (DCJS).
The DCJS maintains the list of all police officers who are certified to work in the state of New York. Moulton was not eligible for any other law enforcement job, including running for sheriff.
In 2022, Moulton sued the county, the sheriff’s office, Howard and another sheriff’s office employee.
A federal jury decided unanimously that his First and Fourteenth Amendment rights had been violated and awarded him $2 million.
“What happened to him can never be righted,” said his attorney Sarah Ruhlen. “His reputation has been damaged. And, you know, while there is a money judgement here that is definitely a relief, it's not going to fix what happened to Mr. Moulton.”
Tioga County Administrator Jackson Bailey told WSKG he wouldn’t comment about an ongoing case. The county’s attorneys didn’t respond to WSKG’s requests.
Howard has been sheriff for over 20 years. He was most recently reelected in 2023.
The federal jury decided Moulton should also get punitive damages. The hearing to determine how much those damages will be is scheduled for August 27.