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Moorehead v. Civil Service Commission of Allegheny County

The order of reinstatement of plaintiff police officer was reversed because the evidence demonstrated that plaintiff used more force than necessary to repel an attack on him by a fellow officer.

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Submitted: November 22, 2000

In these consolidated appeals, Allegheny County and the Civil Service Commission of Allegheny County (hereinafter collectively referred to as “County”) appeal from a May 30, 2000 order of the Court of Common Pleas of Allegheny County (trial court) which: (1) sustained the appeal of John Moorehead; (2) reversed the decision of the Civil Service Commission of Allegheny County (Commission); and (3) reinstated Moorehead to his position with full back pay and all other incidents of his employment. We reverse.

Moorehead was a police officer in the Allegheny County Bureau of Police (Bureau). On March 29, 1993, Moorehead engaged in a physical confrontation with Samuels, the only other police officer then on duty at the Bureau’s South Park Headquarters. The intervention of police officers from another station was necessary to break up the confrontation and to restore order to the South Park Headquarters.

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