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NICODEM v. PA. STATE POLICE

No. 253 C.D. 1978.

46 Pa.Commw. 239 (1979)

John T. Nicodem, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Police, Respondent.

Commonwealth Court of Pennsylvania.

September 27, 1979.

Attorney(s) appearing for the Case

Stephen Cohen, with him Cohen & Protasio, for appellant.

John L. Heaton, Assistant Attorney General, with him Elisabeth Shuster, Deputy Attorney General, for appellee.

Argued June 6, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, BLATT, DiSALLE, CRAIG and MacPHAIL. Judges WILKINSON, JR. and ROGERS did not participate.

OPINION BY JUDGE CRUMLISH, JR., September 27, 1979:

John T. Nicodem appeals an order of the Pennsylvania State Police Court Martial Board which imposed a 60-day suspension without pay and transferred his duty location. Trooper Nicodem was found guilty of violating State Police internal operating procedures. More specifically, upon the advice of counsel, he refused to give a written report of an alleged rumor-spreading incident to a superior investigating officer and...

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