A higher state court dismissed an appeal from a Moniteau High School assistant coach who was fired in 2012 for after an altercation with a referee during a game.

Jon Galante was hired by the school district in 2011 to be an assistant coach for the Moniteau boys varsity basketball team. But a day after he repeatedly attacked a referee on Feb. 15, 2012, during a game, he was fired, according to court documents.

Galante soon after filed a lawsuit against the district claiming the district violated his rights as an employee, including breach of contract, conversion, due process violations, loss of reputation, unjust enrichment, and wrongful termination.

The suit was eventually narrowed down to breach of contract. And after the suit was dismissed by county Judge Michael Yeager, Galante appealed it to the Commonwealth Court, which is one step below the state's Supreme Court and handles mostly civil matters.

On Feb. 28, the higher court dismissed the appeal, finding that Galante had “no genuine issue of material fact” to claim the school breached his contact, either through the process of firing Galante or by failing to pay Galante for the varsity team's period of postseason play, which occurred after Galante had been fired.

The altercation occurred at a game with Allegheny-Clarion Valley High School when one of Galante's players took a shot after a buzzer went off signaling the end of the first quarter. The referee waived the shot. Galante “charged onto the floor and crossed the center court line while yelling at my partner in disagreement with the call. I stepped in and called a technical foul for Galante's actions on the court,” according to court documents.

Galante remained seated after that incident but continued to verbally abuse the referee.

Later in the game, a Moniteau player fouled a rival player, which the referee flagged. The offending player cursed at the referee. He told Galante his player was out, to which the assistant coach reacted.

“He yelled an obscenity at me so I immediately gave him his second technical of the game and ejected him from the contest,” the referee recalled in court documents. “Galante went out of control and violently charged at me at the table, making contact with me and unleashed an expletive-laced tirade, spitting and swearing at me challenging me to a physical confrontation.”

This behavior continued for a while, according to court documents.

On March 5, 2012, the school district sent Galante a paycheck for $2,605.70, his net pay after federal, state, and local deductions had been made from his gross pay of $3,587.

Galante originally filed his suit with District Judge Lewis Stoughton, who dismissed it on March 31, 2016. Galante then appealed it to the Common Pleas level on April 29, 2016. There it was once again dismissed, this time by then county Judge Marilyn Horan. He had 20 days to file an revised complaint, which he did.

After an unexplained lapse in the case, the school district on March 29, 2019, filed for a summary judgment on Galante's breach of contract claim. It contended that Galante was fired before 2012 playoff game and was not guaranteed postseason pay.

Yeager, who was assigned to the case after Horan left for a federal appointment, granted the school district's motion on June 28, 2019, prompting Galante to file the appeal with the higher court.

The court found that “Galante offered nothing other than pure conjecture to support his allegation that Superintendent (George) Svolos fired him without the school district's assent. The way in which Galante was terminated thus did not violate his employment contract with the school district.”

Galante also had a case dismissed in the county courtrooms in 2015. He attempted to sue the county for $10,000 for campaign expenses from the 2013 election after his position of jury commissioner was eliminated.