Lower Merion Cop and Authorities Sued in Claims of Assault, Stalking

A Rosemont resident who claims a Lower Merion police officer stalked and assaulted her sued several township employees and entities Wednesday in federal court, seeking more than $100,000 in compensation.

Attorneys for Gabrielle Drexler filed the eight-count lawsuit in U.S. District Court last week, alleging that Police Officer Michael John “repeatedly stalked her while he was on duty” and “and also that he physically assaulted her.” (See attached PDF for the lawsuit in its entirety.)

Drexler is seeking compensatory and punitive damages in excess of $200,000 for the allegations against John, and similar amounts on other counts, in addition to all legal fees and expenses. The claims state that John “repeatedly” violated her Fourth Amendment rights against unreasonable search and “reasonable expectation of privacy inside her home” throughout the summer of 2010.

The lawsuit also alleges that Lower Merion Township, the Lower Merion Police Department and Police Superintendant Michael McGrath have “a custom, pattern, practice and/or policy of failing to monitor the actions of its police officers while they are on duty,” and “of allowing police officers with untreated mental illnesses and/or mental problems” to remain on active duty.

The suit was filed by Center City attorneys Jeffrey R. Lessin & Associates, P.C., who are seeking a trial by jury.

Drexler’s suit also alleges that Police Officer Steven Salera, on October 13, 2010, approached her while she was in a friend’s vehicle near her property, and used his patrol car’s lights and siren, “shouting and berating her, putting her in great fear and apprehension.” Salera’s “intent and purpose,” the suit alleges, “was to follow, harass, frighten and intimidate” Drexler. These actions were done “at the request of, and/or on behalf of” John, the suit alleges.

Drexler’s allegations were first made at a . Soon after, the matter was referred to the Montgomery County District Attorney’s office. It is not known if charges are pending as a result from the investigation, or if it is still underway. (District Attorney Risa Ferman could not be reached for comment at the time of this story's posting.)

John was granted legal aid through the Lower Merion Fraternal Order of Police, Lodge 28. On Monday, FOP Lodge 28 President and Lower Merion Police Sgt. Gavin Goschinski said that aid continued for John, and referred questions to his attorney, David Farrell, based in Norristown. 

As for Salera, he “is not the subject of any investigation,” Goschinski said. “I believe his situation is settled, so far as the department is concerned. He has not sought legal aid, nor does he need to, at this time.”

In civil lawsuits, the township normally provides defense for officers, Goschinski added. Other than that, Goschinski said neither he nor the officers would have further comment, aside from a request to the public to grant the officers “the same presumption of innocence that anyone else would be afforded.”

Phone calls Monday to attorneys for the plaintiff and the accused were not returned as of this posting.

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According to the lawsuit, Drexler and her father had a domestic dispute at their home in May 2010, and John was one of the responding police officers—though Drexler did not know his name at the time. Officers resolved the domestic dispute and left Drexler’s house without issuing her or her father any citations, according to the suit.

About two weeks later, she was sitting on the steps of St. Thomas of Villanova Church in Rosemont, close to her home, talking on her cell phone with a friend, the suit states. A police car was parked in the Sunoco A-Plus parking lot across the street. After about 15 minutes, the car, driven by John, approached the place where Drexler was sitting, the suit says.

Later that day, the two exchanged contact information, and began emailing one another for months, meeting in person with no sexual or intimate interaction, the suit states. John had allegedly told Drexler that he was in the process of divorcing his wife, but in July 2010 told her he was not. According to the suit, Drexler then told John she did not feel they should continue contact.

Drexler alleges that John asked for a hug while the two were in a township park in Gladwyne and that he instead grabbed her breast then took her home without further incident. Sometime after, according to the suit, John began to harass, stalk and intimidate her while on duty in his capacity as a Lower Merion police officer.

In August 2010, Drexler told a neighbor about the police officer’s alleged misconduct but asked that the neighbor not report it to the Lower Merion Police Department, out of fear of retribution.

When Drexler was informed the neighbor had reported the alleged misconduct to police, she spoke with another Lower Merion police officer twice, but did not go to police headquarters to file formal charges against the officer, according to the suit.

In October 2010, another police officer—allegedly, Salera—stopped Drexler in what she believes was retaliation in light of the complaint about John that was reported to police, according to the suit.

The suit alleges the Township and police department were aware of other misconduct committed by the police officer and did not take proper disciplinary action against him.

Drexler is seeking monetary compensation after suffering “great mental harm, anguish pain, suffering and injury, including physical symptoms and exacerbation of preexisting conditions, from the time of the incident until now, and will continue to suffer the same well into the future…”

The monetary relief is also for lost wages, public scorn and court fees, court documents state.

In response to a request for comment from the township and the police department, Lower Merion Township’s Public Information Officer Brenda Viola said it is township policy to not comment on litigation matters.