Sweeny v. Commonwealth

By JUDGE MELVIN R. HUGHES, JR.

A decision on defendant’s motion to dismiss has been pending in this matter. After consideration of the parties’ memoranda and supporting documentation, the Court has decided to uphold defendant’s motion, for the reasons explained below.

This case involves plaintiff’s appeal of an unfavorable job performance evaluation in her job with the Department of Medical Assistance Services. She seeks a panel hearing on the ground that her evaluation was arbitrary and capricious, made in revenge for her past filing of grievances. The Court’s duty is to determine whether the…