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PYERITZ v. COM.

No. 9 WAP 2009.

32 A.3d 687 (2011)

Dawn A. PYERITZ, Administratrix of the Estate of Daniel E. Pyeritz, Deceased, and Dawn A. Pyeritz, Parent and Natural Guardian of Nicole L. Pyeritz, a Minor, and Christopher E. Pyeritz, a Minor, and Dawn A. Pyeritz, an individual, in her own Right, Appellants v. COMMONWEALTH of Pennsylvania, State Police Department of the Commonwealth of Pennsylvania, Col. Jeffrey B. Miller, Commissioner, Pennsylvania State Police, Pennsylvania State Police Troopers James Custer and Daniel Ekis, Pennsylvania State Police Corporals James Caccimelio and Andre Stevens and Pennsylvania State Police Lieutenant Charles Depp, Appellees.

Supreme Court of Pennsylvania.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Michelle Helene Lally , for Dawn A. Pyeritz.

Kermal A. Mericli , John G. Knorr, III , Harrisburg, Thomas L. Donahoe, Jr. , PA Office of Attorney General, for State Police of the Commonwealth of Pennsylvania.

Louis C. Long , Pietragallo, Gordon, Alfano, Bosick & Raspanti, L.L.P., Pittsburgh, for Appellee Amicus Curiae, Pennsylvania Defense Institute.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice McCAFFERY.

In this case, Appellants sued Appellees based on the destruction of personal property, to wit, a black nylon tree stand safety harness, or belt, that allegedly was crucial evidence in a separate civil action. The Pennsylvania State Police ("State Police") had seized this item during a criminal investigation of a suspicious death. A state trooper had agreed to retain the belt in the custody of the State Police, apparently...

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