MARS — Nearly two years after charges of harassment were withdrawn against an Adams Township woman, a federal civil rights lawsuit involving the woman and the officer who pursued the charges has been resolved.

According to documents filed in the U.S. District Court for the Western District of Pennsylvania, the civil suit was filed by Carmelina Vargo against Michael Bailey and Michael Wetherholt. All parties were involved in an April 2016 incident in which Vargo was initially charged with stalking and two counts of harassment, after an alleged incident at the Mars Athletic Complex.

Court documents filed at the time by Bailey, an Adams Township Police officer, indicated Vargo followed Wetherholt and his son in her vehicle through the complex parking lot shouting “Vargos rule.”

The document also stated Vargo stared at Wetherholt in the complex parking lot while attempting to get his attention. When a friend of Wetherholt’s approached him to talk, the friend noticed he was shaking.

Bailey said the friend intervened and blocked Vargo’s car from following Wetherholt out of the parking lot, but Vargo followed both cars. The documents said Vargo was only thwarted when an ambulance got between the cars. Documents stated the incident was part one of several involving the two parties.

After months of court proceedings, all charges against Vargo were withdrawn on Dec. 6, 2016, by District Judge Wayne Seibel, according to the federal civil suit.

The civil suit was filed Jan. 30, 2018, with Judge David S. Cercone handling the case.

The suit alleges Bailey should have known the complaint did not rise to the level of criminal misconduct. Documents indicate Bailey did not attempt to discuss the incident with Vargo, instead using, “Wetherholt’s opinion for (Bailey’s) own and wrongfully charged (Vargo).”

As a result of the charges and subsequent court proceedings, Vargo, “suffered, and continues to suffer, severe emotional distress,” the suit states.

The suit alleges Wetherholt and Bailey “conspired” to deprive Vargo of her 14th Amendment rights. A jury trial was demanded, alleging Wetherholt and Bailey were guilty of malicious prosecution, reckless investigation, conspiracy and intentional infliction of emotional distress. Vargo sought compensatory general damages from both men, as well as special damages including reduction of working hours and medical expenses, court costs, attorney fees and punitive damages.

Attorneys for both men filed motions to dismiss the claims, stating Vargo had failed to meet the legal elements necessary to bring the suit. Additionally, the filing argues that Vargo did not suffer emotional trauma, and that she failed to state a claim for the allegations.

Wetherholt’s motion to dismiss was granted April 9, with prejudice.

An amended complaint was filed in May to include additional facts related to conspiracy and the physical impact the ordeal had on Vargo, documents state. They state Vargo endured physical pain and suffering; fright, horror and shock; and emotional trauma and suffering.

The filing also added an allegation that Vargo’s Pennsylvania common law rights had been violated, claiming Wetherholt and Bailey’s actions were, “extreme and outrageous” and caused Vargo, “great pain, suffering, inconvenience, mental anguish, emotional distress and physical injury including, but not limited to, psychological problems, embarrassment, inconvenience and humiliation to the extent that her general health and vitality are impaired and may continue to be impaired for an indefinite time into the future.”

Additional motions asked that Wetherholt and Bailey’s motion to dismiss be denied due to the amended complaint. Both responded by again asking for the claims to be dismissed.

On July 20, all parties submitted documents indicating a settlement had been reached following a mediation session July 17. Details of the settlement were not released.