Wharton official, trooper face suit

A Fayette County dentist and his wife have filed a civil rights lawsuit in U.S. District Court, alleging false arrest and malicious prosecution in a 13-year-old property dispute in Wharton Township.

Dr. Robert Bingham and his wife, Winifred, claim the dispute with adjacent property owners caused violations of their constitutional rights.

Named as defendants in the suit filed Tuesday in Pittsburgh are township Supervisor James Means, state police Trooper Nicholas Jordan and Landis Livingood, the father and father-in-law of Lynn and Gary Norton, neighboring property owners.

The Binghams are seeking an injunction prohibiting the three from interfering with the couple's use of the property and preventing any future legal proceedings against them. They are seeking unspecified compensatory and punitive damages, as well as payment for legal fees.

The 18-page suit alleges the defendants' actions "were intentional, willful, outrageous, malicious and conscience shocking" and "were undertaken with deliberate indifference to the Binghams' known and clearly established rights."

The property has been in Winifred Bingham's family since 1941, it says. She is a retired public school teacher who assists her husband in his dentistry practice.

The dispute began after a 1998 property survey after her father's death. The Binghams then marked the property lines with concrete monuments but claim neighboring property owners continued to trespass.

Following a 2006 trial, Fayette Judge John F. Wagner ruled in favor of the Binghams and ordered the Nortons not to trespass, according to the suit.

It alleges Dr. Bingham was falsely arrested for car theft, had his car towed from his own property and then had a gate stolen from the property.

He was arrested for the alleged theft and disorderly conduct after the Nortons' tenant, Andrew Stump, called police to complain about a fence the Binghams erected that blocked Stump from driving to the Nortons' property. The suit says Jordan cuffed Bingham and kept him in the back of a patrol car while the trooper drove to Livingood's home and conferred with him.

At Bingham's July 22, 2009, preliminary hearing, it claims Means testified that the township owned the property where the gate was erected, despite Wagner's order. The township had unsuccessfully attempted to take the property under eminent domain, the suit says.

Means said that the township is "following through with our intentions. I prefer to make no further comment at this time.

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