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BOLDEN v. PENNSYLVANIA STATE POLICE

March 8, 1974

WILLIAM BOLDEN, III, et at., Plaintiffs
v.
PENNSYLVANIA STATE POLICE, Defendants


Green, District Judge.


The opinion of the court was delivered by: GREEN

GREEN, District Judge.

 This is a civil suit commenced by the named plaintiff, William H. Bolden, III, as a class action in order to enjoin an alleged past and continuing pattern of employment discrimination against minorities by the Pennsylvania State Police. This action charges violation of rights under the Thirteenth and Fourteenth Amendments and 42 U.S.C.A. §§ 1981, 1983, 1985(3) and 1988. The jurisdiction of this Court is invoked under 28 U.S.C.A. §§ 1331 and 1343 and, in addition, this Court's pendent jurisdiction is invoked.

 Plaintiff's individual claim involves his dismissal from the State Police. Presently before the Court is plaintiff's claim for final relief limited to two legal theories without prejudice to other theories he might assert. *fn1"

 Plaintiff is a black citizen of the United States and a resident of the state of Pennsylvania.

 Prior to his employment with the State Police, plaintiff was employed from January, 1964 to January, 1972 with the Philadelphia Police Department.

 Plaintiff was appointed as a Cadet with the Pennsylvania State Police on January 27, 1972, and, as is customary, served six months as a Cadet. Plaintiff was then made a Trooper on July 13, 1972.

 During his employment, plaintiff served commendably and with distinction, having received satisfactory evaluations from his supervisors and having been praised by members of the community.

 At 9:35 A.M. on July 27, 1973, plaintiff received by hand a letter informing him that he was dismissed from the Pennsylvania State Police. This letter is dated July 24, 1973, and states that plaintiff is dismissed effective midnight, Wednesday, July 25, 1973. The letter states that a review of an investigation into his financial problems revealed that he had violated section 1:31 of the State Police Field Regulations, and the action purports to be in compliance with section 205 of the Administrative Code of Pennsylvania concerning the Pennsylvania State Police, 71 P.S. § 65(f) (pocket part). We set out the state law at length for it is fully dispositive of the issues involved.

 Section 1:31 provides:

 
"A member shall promptly pay his just debts. He shall not assign his salary or contract for any debts or liabilities which he is unable or unwilling to pay. He must discharge honorably and promptly all claims or judgments, and satisfy all executions which may be held against him within a reasonable amount of time."

 Section 205 of the Administrative Code provides, subsection (f):

 
"All new cadets and troopers shall serve a probationary period of eighteen months from date of original enlistment, during which time they may be dismissed by the commissioner for violations of rules and regulations, incompetency, and insufficiency without action ...

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