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BURNS v. BLAIR COUNTY

No. 628 C.D. 2014

112 A.3d 690 (2015)

Timothy S. BURNS, v. BLAIR COUNTY, Pennsylvania; Terry Tomassetti, Diane L. Meling and Ted Beam, Jr., in Their Capacities as Commissioners of Blair County, Pennsylvania; Office of the Sheriff for Blair County, Pennsylvania; Mitchell Cooper a/k/a Mitch Cooper, in his Capacity as Sheriff of Blair County, Pennsylvania; The Prison Board for Blair County, Pennsylvania; Hon. Daniel J. Milliron, Judge of the Court of Common Pleas of Blair County, Pennsylvania, Richard Consiglio, District Attorney for Blair County, Pennsylvania, Terry Tomassetti, Diane L. Meling and Ted Beam, Jr., Commissioners for Blair County, Pennsylvania, Richard J. Peo, Controller for Blair County, Pennsylvania, and Mitchell Cooper a/k/a Mitch Cooper, Sheriff of Blair County, Pennsylvania, All in Their Capacities as Members of The Prison Board for Blair County, Pennsylvania, David Jacobs, Chris Rosenberry and Holly Garner, in Their Capacities as Deputy Sheriffs for Blair County, Pennsylvania; Office of the District Attorney of Blair County, Pennsylvania; and Richard A. Consiglio, in his Capacity as District Attorney for Blair County, Pennsylvania. Appeal of: Blair County, Pennsylvania; Terry Tomassetti, Diane L. Meling and Ted Beam, Jr., in Their Capacities as Commissioners of Blair County, Pennsylvania; Office of the Sheriff for Blair County, Pennsylvania; Mitchell Cooper a/k/a Mitch Cooper, in his Capacity as Sheriff of Blair County, Pennsylvania; The Prison Board for Blair County, Pennsylvania; Richard J. Peo, Controller for Blair County, Pennsylvania, and Mitchell Cooper a/k/a Mitch Cooper, Sheriff of Blair County, Pennsylvania, All in Their Capacities as Members of The Prison Board for Blair County, Pennsylvania, David Jacobs, Chris Rosenberry and Holly Garner, in Their Capacities as Deputy Sheriffs for Blair County, Pennsylvania; Office of the District Attorney of Blair County, Pennsylvania.

Commonwealth Court of Pennsylvania.

Decided March 31, 2015.

Attorney(s) appearing for the Case

Louis C. Long , Pittsburgh, for appellants.

Robert P. Petyak , Ebensburg, for appellee.

BEFORE: BERNARD L. McGINLEY, Judge, and MARY HANNAH LEAVITT, Judge, and JAMES GARDNER COLINS, Senior Judge.

Blair County, Pennsylvania; Terry Tomassetti, Diane L. Meling and Ted Beam, Jr., in their capacities as Commissioners of Blair County, Pennsylvania; Office of the Sheriff for Blair County, Pennsylvania; Mitchell Cooper a/k/a Mitch Cooper, in his Capacity as Sheriff of Blair County, Pennsylvania (Sheriff Cooper); the Prison...

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