Judge Gary Sharpe
State trooper Betlewicz was critically injured Jan. 10, 2010. Four days later he was suspended without pay after a hair sample tested positive for marijuana. After four months unpaid suspension his employment was terminated on May 6. A State Police Internal Affairs Bureau investigation sought to prove that Betlewicz fabricated the Jan. 10, 2010, incident. Despite a workers compensation determination that his injuries resulted from a line of duty accident, the State Police refused Betlewicz pay and benefits until he was granted an "accidental disability retirement pension" on Aug. 9, 2011. District court dismissed Betlewicz’s claim that his equal protection rights were violated. However, his Equal Pay Act claim survived, as did his due process claims Melville and D’Amico in their individual capacities. Betlewicz claimed that in being denied wage and fringe benefits while on disability leave he was discriminated against, due to gender, contrary to the Equal Protection Clause and the Equal Pay Act. In alleging that the was denied salary and benefits provided to at least one female trooper "performing the same patrol and related duties" as him, Betlewicz pleaded facts sufficient to meet the prima facie threshold articulated in Belfi v. Prendergast.
