Legal Opinion

Stone v. State Correctional Institution

Commonwealth Court of Pennsylvania

Decided December 8, 1980No. Appeal, No. 2623 C.D. 1978PublishedCited by 16 opinions

1Opinion of the Court

Opinion by

Judge Palladino,

This is an appeal from a decision of the State Civil Service Commission which sustained a prison guard’s dismissal for possession of marijuana at a state correctional institution. We affirm.

Appellant contends that his possession of marijuana while on duty at a prison does not constitute just cause for dismissal. Under Section 807 of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 71 P.S. §741.807, a Civil Service employee may be validly removed upon a showing of just cause.

This means that any ‘personnel action’ carried out by the Commonwealth is…

2Cases cited6 opinions

  1. Corder v. Civil Service CommissionCommonwealth Court of Pennsylvania · 1971
  2. Commonwealth v. GrantCommonwealth Court of Pennsylvania · 1976
  3. Cotter v. CommonwealthCommonwealth Court of Pennsylvania · 1974
  4. Gonzales v. CommonwealthCommonwealth Court of Pennsylvania · 1979
  5. Lusane v. Civil Service CommissionCommonwealth Court of Pennsylvania · 1972

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Schmidt v. CreedonCourt of Appeals for the Third Circuit · 2011
  2. Department of Corrections v. RocheCommonwealth Court of Pennsylvania · 1995
  3. City of Philadelphia v. City of Philadelphia Civil Service CommissionCommonwealth Court of Pennsylvania · 2006
  4. Reece v. Tennessee Civil Service CommissionCourt of Appeals of Tennessee · 1985
  5. COM., OFFICE OF ATTY. GEN. v. ColbertCommonwealth Court of Pennsylvania · 1991

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