Legal Opinion

Baldinger v. Commonwealth

Commonwealth Court of Pennsylvania

Decided October 29, 1984No. 2100 C.D. 1983PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

Judge MacPhail,

Kenneth D. Baldinger (Petitioner) has filed a class action complaint in equity in our original jurisdiction seeking, inter alia, to enjoin Respondents1 from utilizing the Breathalyzer 1000 until Respondents have complied with statutory requirements which would assure the accuracy of that equipment. The action is also brought pursuant to Section 1983 of the Federal Civil Rights Act, 42 TT.S.C. §1983 (1982). Respondents have filed preliminary objections.

Petitioner avers that on May 7, 1983, he was arrested for the offense of driving under the influence of alcohol.2 At…

2Cases cited7 opinions

  1. Wm. Penn Parking Garage, Inc. v. City of PittsburghSupreme Court of Pennsylvania · 1975
  2. Harris-Walsh, Inc. v. Dickson City BoroughSupreme Court of Pennsylvania · 1966
  3. Clark v. Pennsylvania State PoliceSupreme Court of Pennsylvania · 1981
  4. City of Erie v. Northwestern Pennsylvania Food CouncilCommonwealth Court of Pennsylvania · 1974
  5. Commonwealth v. KintighCommonwealth Court of Pennsylvania · 1980

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

3Cited by2 opinions

  1. Baldinger v. CommonwealthCommonwealth Court of Pennsylvania · 1986
  2. McColgan v. GoodeCommonwealth Court of Pennsylvania · 1990

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