Retirement Code • “In Office or Employment” • Police Officer • Murder • Collateral Estoppel
Tepper v. Phila. Bd. of Pensions and Retirement, PICs Case No. 17-0962 (Pa. Commw. June 2, 2017) Cohn Jubelirer, J. (17 pages).
Trial court properly affirmed the board’s decision that collateral estoppel prevented officer from relitigating whether he was acting “in office or employment” when he murdered his neighbor after a personal argument while off-duty because a federal jury hearing the victim’s family’s civil rights complaint determined that officer was a state actor and collateral estoppel applied. Affirmed.
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