In re Petition to Remove Constable Visoski

McCaffery, j.

¶ 1 In this appeal, we have been asked by the Commonwealth to decide whether the trial court properly denied its Petition to Remove Constable, filed pursuant to 13 P.S. § 31. Specifically, we must determine whether the trial court was empowered by the statute to review conduct committed while Appellee was acting in his capacity as Chief of the Lackawanna Valley Railway Police. Under the circumstances of this case, we hold that Appellee was not acting in his official capacity as Constable at the time of the offensive conduct. Accordingly, we affirm.

¶ 2 The relevant facts and…