MAHONING COUNTY Deputy's lawsuit is tossed out

The magistrate ruled that the deputy's rights weren't violated.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A federal magistrate has thrown out a lawsuit filed last year by a Mahoning County deputy sheriff who said she was unjustly yelled at and transferred by her supervisor.
"I'm thrilled," said Major Michael Budd, who was the subject of the suit filed in U.S. District Court by Mary Beth Gentile of Youngstown. "I always believed that lawsuit was frivolous."
Gentile, who had been a deputy since 1993, filed the suit in March 2002, seeking $7.5 million in damages from Budd and the county. Budd said she has been on a medical disability leave from the department since February 2002.
The suit said Gentile was summoned to Budd's office at the county jail in February 2002 and subjected to a 20-minute tirade by Budd.
It also says Budd subsequently moved Gentile from her assignment as a security guard at the child support enforcement agency to guarding inmates at the jail.
The problem, the suit said, was that Gentile had previously worked in the jail and transferred out to CSEA after she was assaulted by an inmate in November 2000. She was off work for nearly a year, recovering from her injuries.
What's alleged
Gentile said in the suit that the entire episode was spurred by her romantic involvement with a man who worked for former Sheriff Ed Nemeth, which didn't sit well with the major.
"The actions that were outlined in her complaint never took place," Budd said.
Magistrate George J. Limbert wrote in his ruling that even if Budd did yell at Gentile, he did nothing to rise to the level of violating her civil rights. The same goes for her transfer from CSEA back to the jail.
Gentile argued in the suit that comments about her personal life should be protected under a federal law that assures freedom of intimate association.
Limbert, however, said that law has been interpreted as being confined to marital relationships, not dating relationships.
Gentile also said in the suit that her transfer back to the jail violated terms of the department's union contract, but Limbert denied that claim as well.
Budd said he appreciates the work of the county prosecutor's office, which represented him in the lawsuit.
bjackson@vindy.com