Borough of Bristol v. Downs

Opinion by

Judge Blatt,

The Borough of Bristol (Borough) appeals to us from an order of the Court of Common Pleas of Bucks County which affirmed the Bristol Borough Civil Service Commission’s (Commission) decision that the Borough had abused its discretion in permanently demoting police Sergeant Hubert Downs to patrolman.

The facts are undisputed. On January 17, 1978, Sergeant Downs worked a 4 p.m. to 12 a.m. shift and he was the highest ranking officer then on duty. At approximately 8:00 p.m., he and his partner were eat ing dinner at a local diner in the Borough when they were approached by…