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YOUNG v. MUNICIPALITY OF BETHEL PARK

October 28, 1986

WILLIAM DWAYNE YOUNG, Plaintiff,
v.
MUNICIPALITY OF BETHEL PARK, a Home Rule Charter Municipality, and JOSEPH M. KLETCH, Chief of Police, individually, Defendants


Cohill, C.J.


The opinion of the court was delivered by: COHILL

MEMORANDUM OPINION

COHILL, C.J.

 This case is before us on defendants' motion to dismiss plaintiff's complaint. After careful consideration of the briefs filed and the relevant law, we will deny defendants' motion.

 Background

 The plaintiff, William Dwayne Young, is a resident of Allegheny County, Pennsylvania. The defendant, Municipality of Bethel Park, is a Home Rule Charter Municipality created and existing under the laws of Pennsylvania. Plaintiff was employed by Bethel Park as a patrolman and supervised by defendant, Joseph M. Kletch, the Bethel Park chief of police.

 The complaint filed by plaintiff alleges violations of the Civil Rights Act of 1871, 42 U.S.C. § 1983, and the Pennsylvania law of defamation. Jurisdiction is based on 28 U.S.C. § 1343, which provides a federal forum for alleged civil rights violations, and, as to the state law claim, the doctrine of pendent jurisdiction.

 Plaintiff bases his claim on alleged violations of §§ 203 and 1105 of the C.S.R.R., which provide:

 
SECTION 203
 
No person shall hereafter be suspended, removed or reduced in rank in the Police Department except in accordance with the provisions of these Rules.
 
SECTION 1105
 
A. When disciplinary action is taken, the authority instituting the action shall notify the employee with a written statement of the charges made against the employee, within five (5) days after disciplinary action takes place. The statement of charges shall include a notice of the right to appeal and the right to a hearing. A copy of the written statement shall be filed with the Secretary of the Commission.
 
B. When disciplinary action involves removal from the Police Department or suspension without pay for thirty (30) days or longer, no such removal or suspension shall be effective until the employee has been given written notice detailing the charges against the employee together with a notice of the right to file a written response with the Civil Service Commission within forty-eight (48) hours of delivery of notice of the charges.
 
C. Upon timely receipt by the Commission of a written response filed by any employee, as provided in (B) above, the Commission shall consider the charges, the response and such other relevant information available to the Commission and make a preliminary determination as to whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed discipline.
 
D. The Commission's written preliminary determination shall be delivered to Council, the Chief of ...

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