Suspended Gilberton police Chief Mark A. Kessler sued the borough on Monday in Schuylkill County Court, seeking to prevent a hearing on his future from being held later this month in Scranton.
Kessler asked the court to issue an injunction barring the borough from holding the hearing Jan. 24 at the Lackawanna County Courthouse, alleging Gilberton officials are trying to deny him his rights.
"(Gilberton) scheduled this hearing in this location to intentionally prejudice (Kessler) and to create obstructions with the intent to deprive (Kessler) his rights to a fair and impartial hearing," according to the petition. "Having said hearing outside the limits of Schuylkill County will not afford (Kessler) the right to a fair and impartial hearing."
Kessler, Frackville, asked the court to permanently stop the borough and its mayor, Mary Lou Hannon, from holding any hearing on his future outside Schuylkill County, as well as award him attorney fees and costs.
The petition marks the latest step in an ongoing battle between the borough and the chief, who gained national notoriety by posting on YouTube pro-Second Amendment videos in which he swore and fired weapons. Both videos have been viewed hundreds of thousands of times.
Gilberton Borough Council voted on July 31 to suspend Kessler for 30 days without pay because he used borough weapons without permission in the videos. On Aug. 30, the council voted to extend the suspension indefinitely.
However, at the last hearing on Oct. 10, a spectator dropped a semi-automatic pistol, leading to a suspension of the proceeding, and the borough and Kessler have been unable to agree on a new date for it.
In Monday's lawsuit, Kessler alleged the borough should not be allowed to hold the hearing in Lackawanna County because all events relate to the controversy have occurred in Schuylkill County.
Furthermore, he said holding a hearing in another county will prejudice him.
"(Kessler) cannot get his witnesses to travel," the petition reads in part. "They do not have the added time nor do they want to be subject to the expense and danger of traveling in the winter months."
He also alleged he will be subject to additional legal expenses and travel time for himself and his lawyer, Joseph P. Nahas Jr., Frackville.
Any hearing should be held in Schuylkill County, with either the borough or Kessler making arrangements for private security if deemed necessary, according to the petition.
Both the borough and Kessler have tried to have the hearing held at Schuylkill County Courthouse but could not get permission to do so, the petition reads in part.
An injunction would restore the status quo and not prejudice the borough in any way, according to the petition.
The hearing on the petition has not yet been scheduled.