The suit in U.S. Middle District Court cites little evidence, however, other than statements of unidentified legislators. The lawmakers are cited as saying that Cappy entered into secret negotiations with various legislative leaders in the Pennsylvania General Assembly.
The league, which was a plaintiff in a suit opposing the 2004 slots law, has asked the federal court to rule that its Constitutional rights were violated and grant any relief it thinks just and proper.
Cappy did not return messages left at Buchanan Ingersoll & Rooney, the law firm he joined after leaving the court in January.
The suit refers to events during a two-week period in 2005. The court upheld the slots law on June 22, 2005. Two weeks later, the General Assembly passed a law hiking legislative and judicial salaries. Faced with a public outcry, lawmakers voted to rescind that law in November 2005.
But the Supreme Court restored the judicial raises, which provided a $21,000 increase for Supreme Court judges, in fall 2006. Cappy abstained from the 2006 case because he had lobbied in favor of an increase in pay for judges.
The league is pursuing the case because it discovered on May 19, 2006, that an unidentified state senator alleged that the ruling on the slots law was used as leverage by one or more members of the Supreme Court to secure a pay raise for the judiciary, according to the suit.
The suit filed Monday fell on the second anniversary of that discovery, a date important to keeping the matter alive in the federal courts, said attorney Paul A. Rossi for the league.
Rossi said the league would keep the identities of the unnamed lawmakers secret.
djanoski@citizensvoice.com, 570-301-2178
rswift@timesshamrock.com
