Patrick Murphy's self-proclaimed Journey to Justice has ended as a Hike to Humility. His Rolls Royce dreams have become a used Yugo. The $50,000 settlement with Richland Township's insurance company is a fraction of the $300,000 he asked for. He will not be reinstated to his former position. His hopes of a political victory were shattered. In fact, he didn't get a single thing that he demanded! By all of his own standards, he gave up.
You may recall that Murphy (not the Congressman-elect, the other Pat Murphy) was removed as the township's volunteer Emergency Management Coordinator in 2003 by Governor Rendell after he reportedly announced that emergency personnel would be "hesitant" to respond to a problem at the Milford irradiator. Murphy denied the accusation, and blamed the supervisors, insisting that he was replaced because he signed a nominating petition for buddy Mike Zowniriw.
Murphy sued the supervisors, claiming "pain and suffering for humiliation and embarrassment and injury to reputation". His attorney presented five written demands: $300,000 within 30 days; reinstatement to the position; the resignation of Supervisor Rick Orloff; a public apology at a Board of Supervisors meeting; and a written apology in four area newspapers.
Months ago, Federal Judge Ronald Buckwalter threw out Murphy's major claims of defamation and conspiracy. The only issue left was whether his first amendment rights were violated. At that point it was all over but the pouting, though Murphy publicly acted as if he won a major victory. But when the judge ordered both sides into a pre-trial settlement conference last week, the ill-fated Journey was roadkill.
Judge Buckwalter is the best. He knew Murphy's claims. If he had actually believed that there was a notable first-amendment violation here, he would have heard the matter rather than "urging" the settlement. But in the world of federal courts, where important legal decisions are commonplace, this was a docket-clogger. The settlement conference was basically judicial "persuasion". The insurance company made a business decision to settle. And Murphy took it.
"It" was a whole world less than what he wanted. A good estimate of Murphy's expenses over three years, not including his legal fees, is at least $5000. That leaves $45,000. The usual contingent fee arrangement would give Murphy's attorney, Larry Otter, 40 percent, so Murphy would then have $27,000. He likely will pay at least 35 percent in taxes. Bottom line - $17,550.
To put that in perspective, he would receive $112.50 a week for the three years this matter has been hanging around. Ironically, Richland's insurance company offered him $20,000 three years ago, which would have been all his. But he held out for his day in court - a day that he eventually walked away from.
In the end, the supervisors were not in control of their fate. When you have an insurance company, they call the shots. They decide if, and when, to settle. It's all about the bottom line - no egos, no politics. Murphy, on the other hand, had complete freedom - settle, or continue to fight. And he desperately, passionately, wanted a legal victory . He dreamed of a federal judge proclaiming that Patrick Murphy's constitutional rights were violated by Richland's supervisors. He saw himself as Patrick Henry, or Mahatma Gandhi, or Alexander Solzhenitsyn, standing tall in the face of oppression. His whole political being was tied up in his battle with the supervisors.
He needed the bragging rights. He had previously been criticized in newspaper editorials for disrupting a township meeting, forcing the supervisors to adjourn. He filed a complaint against one supervisor with the county Board of Elections, which was thrown out. He was a major supporter of Mike Zowniriw, and has shared that embarrassment. Last year he was the prime backer of Vic Stevens, who badly lost in his bid to become supervisor.
This was Murphy's high hope for getting even. He had talked about it publicly for years. But, in the end, he chose not to risk the fight, and took much less money. He gave up re-instatement, gave up the public apologies, and abandoned the possibility of a legal "vindication". And, above all, he gave up the resignation of Orloff, which was most dear to his heart, because Murphy is supporting Brian Kline as a candidate for supervisor next year. He caved in on everything he had demanded for three years in exchange for a small payment, and avoiding the potential devastation of Buckwalter ruling against him.
But that doesn't mean Murphy is finished in court. Nor is Otter. Murphy is suing Craig Staats, the man who defeated Stevens last year. Murphy is also suing Staats' campaign manager and campaign treasurer. Otter is Murphy's attorney. Otter himself is suing Staats, and the campaign manager and treasurer. Stevens is suing Staats and the manager and treasurer. Otter is Stevens' attorney. Zowniriw is suing Staats and the manager and treasurer. Otter is Zowniriw's attorney.
Murphy, and wife Jackie, are suing Lowe's for "damages in excess of $50,000" for a yet-unexplained "Personal Injury". Their attorney: Larry Otter.
And it doesn't end there. Murphy was sued over a motor vehicle accident in 1993, and later sued the builder of his house in 2001. And, in a matter that spanned three years, two judges, and an arbitration panel, one of Murphy's customers was awarded $3,600 in 2004 when Murphy's refused to honor the terms of his hearing aid sales agreement. All three decisions were in favor of the 79-year old customer.
I have previously suggested that Murphy's Journey to Justice was actually a Detour to Deception. Earlier this week, Murphy tried to put a positive spin on his settlement by telling The Intelligencer, "These three city-slickers got hoodwinked by a western Maryland farmboy." Webster's Dictionary defines "hoodwinked" as "deceived". At last, after three years, everyone agrees on something!