Jim Thorpe school board members face a federal lawsuit from a fellow board member because they voted him out as president in 2019.

Earlier this month, a judge threw out some, but not all, of Paul Montemuro’s claims against five other board members. The decision clears the way for the case to be scheduled for trial.

Montemuro sued the district and five board members after they voted to replace him as president after just one week in the position. The votes took place in December 2019.

Four of the members still serve on the school board with Montemuro - Glenn Confer, Dennis McGinley, Pearl Downs-Sheckler and Gerald Strubinger. Raniero Marciante resigned his position last year.

The suit says that Montemuro was entitled to a one-year term under the Pennsylvania school code.

It also says the board deprived him of his constitutional right to due process by removing him without giving him a stated reason, and a hearing - which they say is required under the school code. Montemuro also says he was removed for political reasons.

The suit seeks financial damages from the individual board members, a public apology, and Montemuro’s reinstatement to the position.

The attorney for the district and school board members says that they followed state law, and the board’s own policies.

The board’s adopted policy does include a one-year term for the president, but also says that he serves “at the pleasure of the board.”

The state constitution also says that appointed civil officers can be removed “at the pleasure” of the board which appointed them.

Earlier this month, Judge Robert D. Mariani ruled that Montemuro’s request to be reinstated was no longer relevant, because his one-year term had lapsed.

He also said that Montemuro failed to prove that he was removed for political reasons.

However Mariani did not grant a request by the district to dismiss the case completely. He ruled that Montemuro’s claim that the board members violated his constitutional right to due process should not be dismissed.