Balshy v. Pennsylvania State Police

DISSENTING OPINION BY

Judge PELLEGRINI.

I respectfully dissent from the majority’s decision to uphold the General Counsel’s determination1 that John C. Balshy (Balshy) and Janice Roadcap (Roadcap) were not entitled to indemnification for costs of settlement and counsel fees because 42 Pa.C.S. § 85252 places exclusive *842jurisdiction in a “court” to make that determination.

In 2003, Steven Crawford (Crawford) filed an action under 42 U.S.C. §§ 1983, 1985 and 1986 against numerous parties, including the Commonwealth of Pennsylvania, other state officials and Balshy and Roadcap. Balshy and Roadcap…