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FRATERNAL ORDER OF POLICE v. PHILADELPHIA

No. 1295 C.D. 2019.

267 A.3d 531 (2021)

FRATERNAL ORDER OF POLICE LODGE NO. 5, BY its guardians ad litem, John MCNESBY, President; Roosevelt Len Poplar, Vice President; John McGrody, Vice President; Steve Weiler, Vice President; Nicholas Denofa, Vice President; Police Officer Sean Cahill; Detective Michael DeRose; Police Officer Richard Green; Police Officer Constance Harris; Police Officer Matthew Nodiff; and Police Officer Anthony Roselli, Appellants, v. The CITY OF PHILADELPHIA, its Officials, Agents, Employees and Assigns; Jim Kenney, in his official capacity as Mayor of the City of Philadelphia; Larry Krasner, in his official capacity as District Attorney of the City of Philadelphia; R. Richard Ross Jr., in his former capacity as Police Commissioner of the City of Philadelphia.

Commonwealth Court of Pennsylvania.

Decided November 9, 2021.

Attorney(s) appearing for the Case

Ralph J. Teti , Philadelphia, for Appellants.

Jennifer MacNaughton , Philadelphia, for Appellees City of Philadelphia, Mayor Jim Kenney, and Commissioner Richard R. Ross, Jr.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE ELLEN CEISLER, Judge.

The Fraternal Order of Police Lodge No. 5 (FOP), by its guardians ad litem,2 and six City of Philadelphia Police Officers3 (collectively, Appellants) appeal from the orders dated August 21, 2019, issued by the Court of Common Pleas of Philadelphia County...

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