Legal Opinion · Dissent

Harding v. Stickman

Commonwealth Court of Pennsylvania

Decided May 21, 2003Published

1Dissent

DISSENTING OPINION BY

JUDGE FRIEDMAN.

I respectfully dissent. The majority sustains the demurrer filed by Superintendent Stickman of SCI Greene, Inmate Accounts Supervisor of SCI Greene, and Jeffrey A. Beard, Secretary of Corrections of Camp Hill, PA (Respondents) and dismisses the petition for review (Petition) filed by James Harding (Harding). I submit that, in doing so, the majority fails to follow the rule of law governing preliminary objections.

In ruling on preliminary objections, we must accept as true all well-pleaded material allegations in the petition for review, as well as all…

2Cases cited3 opinions

  1. Commonwealth v. FlemingSuperior Court of Pennsylvania · 2002
  2. Boofer v. LotzSupreme Court of Pennsylvania · 2003
  3. Harris v. HornCommonwealth Court of Pennsylvania · 2000

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