Judge: Sex harassment claims OK in PHA defamation suit

February 21, 2012|By Mark Fazlollahand Jennifer Lin, INQUIRER STAFF WRITERS

A federal judge has made it clear that testimony by women who said they were harassed by Carl R. Greene will play a key part in his long-running defamation lawsuit against the Philadelphia Housing Authority and its former board members.

"Sexual harassment allegations are relevant," U.S. District Judge Ronald L. Buckwalter wrote in an order Thursday, allowing one of the women, Carolyn Griffith, to testify against Greene, who was fired in September 2010 as the agency's executive director after 13 years.

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The board ousted Greene for approving secret financial settlements with three women, including Griffith, PHA's former general manager of finance.

PHA has paid more than $1.1 million to settle those complaints and a fourth pending when Greene was fired.

Buckwalter also denied Greene's request that Griffith's testimony be kept secret.

PHA's attorneys want the testimony of all of Greene's alleged victims to be part of the court case.

Greene's attorney, Clifford Haines, said he would not discuss Buckwalter's rulings.

"We are not going to try this case in the press," Haines said. "In open court, you will have the full benefit of all of my comments that go beyond what is in a written document."

Steven J. Engelmyer, one of the lawyers defending PHA and the board members, would not comment.

Buckwalter's order came nine days after PHA's attorneys wrote in a filing that "counsel for plaintiff" warned Griffith that if she testified, Greene "would pursue appropriate action" against her.

PHA said that the "baseless threats have had the desired effect," and Griffith did not appear for her scheduled deposition.

Buckwalter's order specifies that Griffith is not prohibited from testifying "in any manner concerning her sexual harassment claim."

Greene, who now lives in Decatur, Ga., contends in his suit that PHA and its board members violated his civil rights when he was fired without an opportunity to defend his reputation.

The existing board was dissolved in March 2011, when the U.S. Department of Housing and Urban Development took control of the agency.

In court filings, Haines said PHA was seeking the testimony of alleged victims "only to embarrass, harass, and vilify Mr. Greene."

He said Griffith's testimony would be "inflammatory and unfairly prejudicial."

Buckwalter rejected that contention.

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