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DEFORTE v. BOROUGH OF WORTHINGTON

No. 24 WAP 2018.

212 A.3d 1018 (2019)

William DEFORTE, Appellant v. BOROUGH OF WORTHINGTON; Kevin Feeney, Individually and as Mayor of the Borough of Worthington; Barry Rosen, Individually and as a Member of Council of the Borough of Worthington and in His Capacity as Elected Constable for the Borough of Worthington and in His Capacity as Public Safety Director of the Borough of Worthington; Gerald Rodgers, Individually and as a Police Officer of the Borough of Worthington, Appellees. Evan Townsend, Appellant v. Borough of Worthington; Kevin Feeney, Individually and as Mayor of the Borough of Worthington; Barry Rosen, Individually and as a Member of Council of the Borough of Worthington and in His Capacity as Elected Constable for the Borough of Worthington and in His Capacity as Public Safety Director of the Borough of Worthington, Gerald Rodgers, Individually and as a Police Officer of the Borough of Worthington, Appellees.

Supreme Court of Pennsylvania.

Decided: July 17, 2019.

Attorney(s) appearing for the Case

Patricia S. Dodszuweit, Esq. , U.S. Court of Appeals for the Third Circuit, for Participants United States Court Of Appeals For The Third Circuit.

Craig Howard Alexander, Esq. , Bruce E. Dice & Associates, P.C., Lawrence E. Bolind, Esq. , for Appellants William Deforte and Evan Townsend.

Sheryl Lynn Brown, Esq. , Siana, Bellwoar & McAndrew, LLP, for Appellees Kevin Feeney, Borough of Worthington and Barry Rosen.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

In this matter we answer a question certified by the United States Court of Appeals for the Third Circuit. The question centrally concerns whether civil-service employment protections apply to the police officers of all borough police departments, regardless of the department's size.

According...

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