A New Mexico man who received a $150,000 payment to settle a federal lawsuit against Westmoreland County claims public officials violated terms of a confidentiality agreement and wants an additional payment from taxpayers.

Westmoreland commissioners, at a public meeting in February, approved the settlement with James Mapp, 34, to end his lawsuit that alleged he was assaulted by Westmoreland County Prison guards following his arrest involving a domestic incident in April 2020 in Penn Township. Mapp claimed guards beat him after he refused to wear a mask in the Hempfield lockup.

Mapp’s lawyer, John F. Mizner of Erie, in a lawsuit filed last week in U.S. District Court contends a statement made by county solicitor Melissa Guiddy following the commissioners’ approval of the settlement violated a confidentiality provision in it.

In responding to a reporter’s question, Guiddy said the county did not admit liability as part of the settlement.

Mapp contends those words should cost the county another $150,000.

In his latest lawsuit, Mapp conceded the county’s disclosure of the financial settlement was required under the state’s Right-to-Know Law but that Guiddy’s statement was barred under terms of the deal written by the county’s lawyers.

“Regardless of its obligation to provide the agreement as a public record pursuant to the Right-to-Know Law, Westmoreland County and its employees and attorney were still bound to refrain from making any press release, public announcement, or any other written or oral disclosure of any nature about the terms of their agreement, pursuant to the terms which they drafted,” Mizner wrote.

Mizner did not respond to a request for comment.

Westmoreland deputy solicitor Tim Andrews declined comment, saying the county would not discuss pending litigation.

Manor police arrested Mapp on April 30, 2020, in connection with the alleged domestic incident. He pleaded guilty in November 2020 to a misdemeanor charge of criminal mischief and was sentenced to up to 23 months in jail. He was immediately paroled after being given credit for time spent in jail after his arrest.

In the original three-count lawsuit, Mapp claimed he had a tooth knocked out as he was assaulted by guards and that he suffered back, neck and chest pain as well as a right arm injury. That lawsuit claimed the assault violated Mapp’s 8th and 14th Amendment rights prohibiting cruel and unusual punishment at the hands of government and the right to due process.

After the incident, corrections officer James B. Lynn, 39, of Ligonier Township was fired and pleaded guilty to counts of official oppression and simple assault. He was sentenced to serve two years of probation. No other guards were charged.

Pittsburgh attorney Samuel Cordes said a case can be made that the county violated terms of Mapp’s settlement. Cordes has filed lawsuits on behalf of employees and others against public agencies and on Monday said a confidentiality clause is a standard part of a settlement agreement.

“Even if (a settlement) is a public record, we can agree to not talk about it,” Cordes said. “If there’s an agreement that tells people to keep your mouth shut, you keep your mouth shut.”

Ultimately, Cordes said, a jury will have to decide whether Westmoreland County violated the agreement.

Melissa Melewsky, media law counsel for the Pennsylvania NewsMedia Association, said state open record laws override the enforcement of confidentiality agreements in legal settlements with public agencies.

“In Pennsylvania, you can’t stop a public agency from disclosing a public settlement,” Melewsky said. “The fact the county included it is problematic. Confidentiality clauses should not be part of settlements involved with a public agency.”

Original Article by: Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293, rcholodofsky@triblive.com