# Costopoulos v. Gibboney

> Commonwealth Court of Pennsylvania · July 26, 1990 · 134 Pa. Commw. 263

URL: https://www.frixlaw.com/law-library/cases/6373841

## Case

- **Full name:** William C. COSTOPOULOS v. Jack I. GIBBONEY James Corbett C. Joseph Rehkamp County of Perry and The Commonwealth of Pennsylvania
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** July 26, 1990
- **Citations:** 134 Pa. Commw. 263; 579 A.2d 985; 1990 Pa. Commw. LEXIS 413
- **Precedential status:** Published
- **Opinion:** Concurrence by Doyle
- **Judges:** Colins, Craig, Crumlish, Doyle, McGinley, Palladino, Smith
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6373841

## Opinion text

DOYLE, Judge,
concurring.
Although I concur in the result reached by the majority, I do not agree that a police officer has the same discretion that is reposited in the office of district attorney. In the performance of his duties the law grants to the district *270 attorney wide discretion in the exercise of which he “acts in a quasi-judicial capacity,” Commonwealth ex rel. Spector v. Martin, 426 Pa. 102 , 232 A.2d 729 (1967). That is not the same discretion that a police officer has in the investigation of a crime. Thus, I disagree with the majority’s reasoning on this point.
McGINLEY, J., joins in this concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6373841. Public record. Not legal advice.