Chester Co. authorities sued for ex-worker's puzzling firing

October 14, 2009|By WILLIAM BENDER, benderw@phillynews.com 215-854-5255
  • Army veteran (with top-secret clearance) David London was fired from his supervisory job in Chester County after being told a background check showed him to be a criminal.

David London, an Army veteran, was riding high last October after receiving a big promotion at the Chester County courthouse.

The following day, London claims, he became entangled in a bureaucratic nightmare that resulted in him being fired from his job and kicked off the property for a 30-year-old crime that he didn't commit.

The lawsuit that London recently filed against the Chester County commissioners, District Attorney Joseph Carroll and other county officials reads like a lost chapter to a Franz Kafka novel:

Last year, London, 44, a former sergeant who served in the Persian Gulf and had "Top Secret" clearance, was about a month into his new job at the courthouse, where he was supervising daytime custodial workers under a contract that the county has with his then-employer, Texas-based ISS Facility Services.

He was promoted on Oct. 6, 2008, to a position supervising day and night shifts. The next day, he was unemployed.

According to the civil-rights suit filed last week in federal court in Philadelphia, London was called into a meeting and told that a criminal-background check showed that a person with his name and birth date was convicted of burglary and sentenced to prison in 1978.

London, however, would have been 13 years old that year and wouldn't have been eligible to do adult jail time for a felony conviction.

He tried to explain to his boss and a county official that they had the wrong guy, but they "did not even give him any opportunity to be heard," the lawsuit states.

Instead, London was fired, required to hand over his keys and ID badge, and escorted from the courthouse.

"Imagine having to tell your wife and kids that even though the U.S. military knows you're trustworthy and safe enough to earn top-secret clearance and supervise a missile site, your company and your local government have announced that you're actually a dangerous felon and a fraud," said his attorney, Mark Sereni.

Sereni declined to elaborate on the lawsuit, which seeks in excess of $150,000 for invasion of privacy, retaliation and defamation, among other alleged wrongs. But he said that it's a clear case of mistaken identity.

State police and FBI background checks done at London's request did not turn up the burglary case - or any other felony or misdemeanor convictions.

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