Former Limerick Officer Sues Township

A former drug-enforcement officer fired from the Limerick Police Department after an off-duty drunken-driving arrest in 1997 has sued in federal court, saying township officials caused him ``severe emotional distress'' by violating his constitutional rights to due process.

Anthony L. McElwee seeks reinstatement, back pay and damages in excess of $100,000 and asks that the disciplinary charge be stricken from his personnel file.

McElwee, 33, of Philadelphia, filed the lawsuit there Feb. 2 in U.S. District Court. In court papers, McElwee - who is not represented by an attorney - wrote that the township's actions had damaged him financially and professionally to the point that he cannot get another job in law enforcement.

``It was my own fault what happened,'' McElwee said in an interview yesterday. ``I took my punishment and learned my lesson, but now I want the township to do what's right. They did not follow their own policies and procedures.''

Also named in the suit are the Board of Supervisors, Township Manager Ed Fink, Police Chief W. Douglas Weaver and former Solicitor Robert L. Brant Jr.

Weaver, Brant and Joseph J. McGrory, the township's current solicitor, declined to comment. Fink did not return a call.

On Feb. 7, 1997, McElwee was stopped by Towamencin police for driving erratically on Sumneytown Pike. His breath-alcohol level exceeded the legal limit. McElwee, who earned $40,500 a year as a D.A.R.E. officer, was fired 12 hours later during a phone conversation with Fink.

In the lawsuit, McElwee said township officials maliciously disregarded his right to due process on several counts, including failing to grant him a pre-termination hearing. He said officials ignored a procedure that required a full investigation and written recommendation by the police chief before the township manager may discharge an officer.

McElwee said that he completed a program for first-time offenders, that he no longer drinks and that he now is a supervisor in a field outside law enforcement.

In 1997, McElwee appealed his dismissal in Montgomery County Court. On March 5, Judge Joseph A. Smyth affirmed the firing. McElwee appealed to Commonwealth Court, which upheld Smyth's opinion.

McElwee said he fought the township and ultimately won six months' worth of unemployment compensation.

On Dec. 23, 1995, McElwee slammed his 1987 Chevrolet Monte Carlo into a utility pole on North Township Line Road in Limerick. He left the car and got a ride home with a passing motorist. Though the accident report indicated he had been drinking, McElwee was not charged by police, who were criticized for their handling of the situation.

A Montgomery County grand jury determined that no charges should be brought against McElwee. He was suspended for two days without pay, for conduct unbecoming an officer.

* Matt Stearns of the Inquirer suburban staff contributed to this article.