The final phase of a federal lawsuit against Tioga County, New York and its sheriff’s department is over.
Earlier this summer, a federal jury ruled in favor of former Tioga County Undersheriff Walter Moulton and awarded him $2 million in damages. They also ruled he deserved punitive damages.
The damages hearing was scheduled for last week. Instead, both sides agreed to a confidential settlement. The terms of the settlement are not public.
In an email to WSKG, Moulton’s attorney, Sarah Ruhlen said both sides “have agreed not to speak to the media about this phase.”
The case was initially filed in 2022. Moulton sued Tioga County, the sheriff’s department, Sheriff Gary Howard, and Shawn Nalepa, a department captain.
The jury found them guilty of violating Moulton’s First and Fourteenth Amendment rights when he expressed interest in running for sheriff against Howard.
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.
Howard was reelected in 2023 and remains sheriff. Nalepa retired the same year.
