Christopher Gupko, who remains on the force despite past federal lawsuit and involvement in videotaped resort arrest, claims union blocked his grievance

By Pocono Review Staff

STROUDSBURG, MONROE COUNTY — A Pocono Township patrol officer with a documented history of excessive force allegations — including a federal lawsuit and involvement in a videotaped arrest where a restrained man was punched in the head — has filed suit against his employer and union, claiming they violated his contractual rights when disciplining him for insubordination.

Christopher Gupko, a Stroudsburg resident who remains actively employed by the department, filed the civil complaint on December 5, 2025, in Monroe County Court of Common Pleas. The suit names four defendants: Pocono Township Police Department, Pocono Township, Teamster Local 773, and union representative Larry Smith.

Gupko is represented by Brett J. Riegel of ARM Lawyers, located at 18 N. 8th Street in Stroudsburg.

The Discipline

Court documents obtained by Pocono Review reveal the disciplinary saga began in 2024, when township officials initiated proceedings against Gupko for insubordination and disobedience.

The township conducted a Loudermill hearing — a pre-termination due process procedure required for public employees — on April 1, 2024. More than a year later, on July 14, 2025, officials issued their final decision.

The punishment was severe but stopped short of termination:

• 15-day unpaid suspension served from July 15 through August 12, 2025
• Mandatory 90-day Field Training Officer program beginning August 15, 2025

The discipline letter cited violations of multiple Department Standard Operating Procedures: R6.06 (performance of duty), R6.08(a) (insubordination), R6.10 (obedience to lawful orders), and Article 4 of the collective bargaining agreement.

Vice Chair Natasha Leap signed the letter, with Chief James Wagner Jr. listed as a witness. The document characterized the discipline as a “last and final notice,” explicitly warning Gupko that any future violations would result in termination.

The complaint does not detail the specific conduct that triggered the discipline.

The Grievance That Never Was

The crux of Gupko’s lawsuit centers on what happened — or didn’t happen — after he received the discipline.

According to the complaint, Gupko followed proper procedure under the collective bargaining agreement. He submitted a written grievance to his union, Teamster Local 773, as required by Article 4 of the contract. The CBA establishes specific timelines and procedures for employees to challenge disciplinary actions.

But Gupko alleges the union never forwarded his grievance to the township.

This failure, if proven, would have effectively stripped Gupko of his contractual right to challenge the discipline through the grievance and arbitration process outlined in Article 27 of the CBA.

The Legal Claims

Gupko’s complaint contains two counts:

Count I: Breach of Collective Bargaining Agreement — Filed against Pocono Township Police Department, this claim alleges the township violated the CBA by imposing discipline that Gupko was denied the opportunity to contest through proper grievance procedures.

Count II: Breach of Duty of Fair Representation — Filed against Teamster Local 773, this claim invokes a foundational principle of labor law. Unions have a legal obligation to fairly represent all members in the bargaining unit. When a union fails to process a grievance or acts arbitrarily, it breaches this duty.

Gupko seeks damages to be determined at trial, plus interest, court costs, and attorney’s fees.

A Troubled History

The lawsuit arrives against a backdrop of prior accusations that have followed Gupko throughout his career with the department.

The 2008 Welfare Check

On December 16, 2008, Gupko responded to a welfare check at the Swiftwater home of Malinda Horninger. What happened next became the subject of a federal civil rights lawsuit.

According to Horninger’s complaint filed in December 2010, her Alcoholics Anonymous sponsor had called police after finding Horninger unresponsive following a relapse. Gupko, court records show, was already en route to Horninger’s home before the emergency call — he believed she had keyed her estranged husband’s car.

When emergency personnel entered the home, Horninger woke up. Her sponsor accompanied her to the bathroom. According to the lawsuit, Gupko then barged through the bathroom door while Horninger was attempting to use the toilet, smashing the door into the sponsor’s back.

Horninger alleged Gupko pulled her off the toilet with her pants down, handcuffed her, kneed her in the rear and legs, raised her handcuffed arms behind her back, slammed her onto a stretcher, and transported her to jail.

A federal judge denied the officers’ motion for qualified immunity — a legal doctrine that often shields police from civil suits. In a 14-page opinion, the court ruled that Gupko’s use of force “may be found to be excessive under the objective standards of reasonableness.”

The case proceeded to trial. In 2013, a Monroe County jury sided with Gupko and the other defendants after finding Horninger had not shown or reported injuries to medical personnel.

The 2020 Camelback Resort Arrest

On July 8, 2020, amid nationwide protests following the police killing of George Floyd in Minneapolis, Gupko was involved in another use-of-force incident that drew public scrutiny.

Cellphone video recorded at Camelback Resort captured officers arresting Anthony Conesa, 24, of Sunbury, Northumberland County. The footage showed Conesa lying flat on his stomach with his hands behind his back — clearly restrained — when one of two officers punched him twice in or near the head.

Conesa suffered facial and skull fractures requiring treatment at St. Luke’s Hospital-Monroe.

Police documents identified Gupko and Cpl. Aaron Anglemyer as the two officers restraining Conesa. The video did not clearly show which officer delivered the blows. Notably, the police affidavit documented that Conesa “resisted being handcuffed” but made no mention of officers striking him.

“You all saw that, right?” Conesa asked bystanders after being punched, according to the video. “He just punched me in my face.”

Monroe County NAACP President Christa Caceres called the incident “disturbing” and formally requested that Camelback Resort release all available video footage.

“This allegation comes on the heels of a recent Monroe County NAACP Town Hall event concerning police reform where it was communicated to our community that leadership in local law enforcement does not tolerate behavior from officers like what was viewed on a videotape of said encounter,” Caceres said at the time.

Conesa and two others — Briana Falcon, 22, and Manuel Santos III, 21 — were charged with felony rioting along with misdemeanor counts of obstructing law enforcement, resisting arrest, disorderly conduct, and defiant trespassing. The charges stemmed from an altercation that began when the group allegedly cut in line at the water park.

Anglemyer remains with the department as a detective. Officer Michael Scicutella, also present during the incident, is now a detective as well.

Still on the Force

Despite this history, Gupko remains actively employed by the Pocono Township Police Department.

Both the official Pocono Township government website (poconopa.gov) and the department’s CRIMEWATCH page confirm Gupko’s current employment. The township website lists him as “Christopher Gupko, Patrolman” in its Department Roster under the Patrol Division. The CRIMEWATCH platform lists “Officer Christopher Gupko” with badge number 23, extension 241, and an active department email address (cgupko@poconopd.org).

Chief James Wagner — who witnessed Gupko’s 2025 discipline letter — leads the 22-member department, which includes 20 full-time officers, one chief, one patrol sergeant, one sergeant of detectives, two detectives, four corporals, and eleven patrolmen, plus two administrative staff.

The collective bargaining agreement between Pocono Township and Teamster Local 773, effective January 1, 2024 through December 31, 2028, sets the 2025 patrol officer wage at $44.96 per hour.

Based on that rate, Gupko’s 15-day unpaid suspension represented approximately $5,395 in lost wages — assuming standard 8-hour shifts.

What’s Next

The complaint was filed with the Monroe County Prothonotary at 9:56 a.m. on December 5, 2025. According to a certificate of service included with the filing, the defendants were served via the Monroe County Sheriff’s Office on December 3, 2025 — two days before the complaint was officially filed with the court.

As of publication, no defendants have entered appearances in the case. A case number had not yet been assigned.

Gupko signed a verification affirming the complaint’s contents on November 15, 2025.

Pocono Township, the police department, and Teamster Local 773 did not respond to requests for comment.

Case Information:

• Court: Monroe County Court of Common Pleas
• Filing Date: December 5, 2025
• Plaintiff: Christopher Gupko
• Defendants: Pocono Township Police Department, Pocono Township, Teamster Local 773, Larry Smith
• Plaintiff’s Attorney: Brett J. Riegel, ARM Lawyers, Stroudsburg
• Claims: Breach of Collective Bargaining Agreement; Breach of Duty of Fair Representation

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