ARMSTRONG ET AL. v. PA. B. OF PROB. & PAROLE ET AL.

No. 44 T.D. 1978.

46 Pa.Commw. 33 (1979)

The Estate of Tanya Carlisa Armstrong, a/k/a Lisa Rodriguez, Deceased, a Minor, by her Parent and Natural Guardian and Personal Representative, Phyllis Rodriguez et al., Plaintiffs v. Pennsylvania Board of Probation and Parole et al., Defendants.

Commonwealth Court of Pennsylvania.

September 14, 1979.


Attorney(s) appearing for the Case

Robert E. Cherwony, with him Gary Green, and, of counsel, Sidkoff, Pincus, Greenberg & Green, P.C., for plaintiffs.

Robert A. Greevy, Assistant Attorney General, with him Edward G. Biester, Jr., Attorney General, for defendants.

Argued March 21, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.


OPINION BY JUDGE ROGERS, September 14, 1979:

In April 1977, a 7-year-old girl was raped and murdered by Carlos Rodriguez, a convicted felon who had been released from prison on parole. The girl's mother has brought an action in trespass in this Court against the Commonwealth of Pennsylvania, the Pennsylvania Board of Probation and Parole (Board), and against the individual members of the Board. Briefly, the complaint alleges that the members of the Board voted to...

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