A Philadelphia judge has allowed Daniel D. McCaffery to move forward with claims that the Philadelphia Board of Ethics and its executive director defamed him days before McCaffery came in second in a five-person Democratic field for Philadelphia district attorney three years ago.
In an opinion filed Tuesday in McCaffery v. Creamer , Philadelphia Common Pleas Court Judge Mark I. Bernstein denied the board and J. Shane Creamer Jr. on a motion for summary judgment. In so holding, Bernstein said McCaffery may conduct discovery into an announcement by the Board of Ethics a week before the 2009 primary election. In the board’s announcement, the board alleged that McCaffery and his campaign treasurer “misstated” the amount of a political action committee contribution in order “to hide” the fact that the campaign accepted an excessive amount of money from all PACs during calendar year 2008.
