McClintock v. Township of Penn Hills Civil Service Commission
McClintock v. Township of Penn Hills Civil Service Commission
Opinion of the Court
Opinion by
On September 14, 1974, appellant, employed by the Penn Hills Township Police Department as a
First, appellant contends that he was justified in disobeying the order to work an extra shift, urging that the order was unreasonable under the circumstances. Specifically, appellant asserts that he refused to work overtime because he was physically unable to do so, being exhausted from working a double shift the previous day and suffering from an extremely painful hemorrhoid condition. However, the appellee Commission and the court below found that the only reason appellant refused to work was his intention to attend a wedding reception that night.
A review of the record indicates that the essential issue here is one of credibility. At the hearing before the appellee Commission, the shift commander testified emphatically that the only reason offered by
We summarily reject appellant’s second argument that he was denied equal protection of the law, being arbitrarily and capriciously selected for discipline for disobeying an order to work overtime while others who disobeyed the same order were not. Although there is testimony that other officers who refused to work double shifts were not disciplined, there is no evidence that such failure to discipline occurred under circumstances similar to those herein.
We likewise reject appellant’s third argument that the court below, which took additional evidence, erred in excluding, as being irrelevant, testimony that the appellee Commission, in a case similar to the present, failed to uphold the suspension and reinstated the officer therein with back pay. The testimony was intended to establish that the Commission failed to apply the law equally to appellant as it did to other police officers. However, that issue was not raised in the appeal to the lower court. Consequently, the
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.