J. Spallone v. PSP

CourtCommonwealth Court of Pennsylvania
DecidedMay 28, 2026
Docket1275 & 1276 C.D. 2024
StatusPublished
AuthorFizzano Cannon

This text of J. Spallone v. PSP (J. Spallone v. PSP) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J. Spallone v. PSP, (Pa. Ct. App. 2026).

Opinion

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Jordan Spallone, : CASES CONSOLIDATED Appellant : : v. : : No. 1275 C.D. 2024 Pennsylvania State Police :

Lauren Spallone, : Appellant : : v. : : No. 1276 C.D. 2024 Pennsylvania State Police : Argued: March 4, 2026

BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE MICHAEL H. WOJCIK, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge HONORABLE LORI A. DUMAS, Judge HONORABLE STACY WALLACE, Judge HONORABLE STELLA M. TSAI, Judge

OPINION BY JUDGE FIZZANO CANNON FILED: May 28, 2026

Jordan Spallone and Lauren Spallone, husband and wife, petition for review of identical July 25, 2024, orders of the Court of Common Pleas of Westmoreland County (trial court). The Spallones’ claims against their employer, the Pennsylvania State Police (PSP), arose under the Pennsylvania Whistleblower Law.1 The trial court determined that it lacked subject matter jurisdiction over the Spallones’ claims, sustained the PSP’s preliminary objections to that effect, and transferred the cases to this Court’s original jurisdiction. Upon review, we affirm and direct the trial court to effectuate transfer to this Court.

1 Act of December 12, 1986, P.L. 1559, as amended, 43 P.S. §§ 1421-1428. I. Factual and Procedural Background The Spallones have been married since 2015 and both work for the PSP. Reproduced Record (R.R.) at 5a. They initially filed their complaints with the trial court in August 2023. Trial Ct. Order & Op. at 1. After the PSP’s initial preliminary objections, the Spallones filed amended complaints in October 2023, which are the basis of this matter. See id. Mr. Spallone’s amended complaint averred as follows. He began with the PSP in 2003 and became a sergeant in 2016. R.R. at 5a. In 2020, a superior officer instructed him to drop charges against individuals involved in an incident and to direct another officer to alter investigative findings regarding the incident. Id. at 6a-7a. He complied, feeling he had no other option, but subsequently reported his concerns to higher-level PSP officials. Id. at 7a-8a. Days later, he was called to a meeting about his report and his union representative was told to leave before the meeting began. Id. at 8a-9a. He was then subjected to what he believed was an improper internal affairs investigation, attempts to remove him from his field command and transfer him to a desk job, and multiple refusals to grant him promotions he believed he had earned based on well-established criteria. Id. at 9a- 11a. Mrs. Spallone’s complaint averred as follows. She began with the PSP in 2009 and became a sergeant in 2019. R.R. at 22a. Since the above-described events regarding Mr. Spallone, she did not get promotions that she believed she had earned based on well-established criteria. Id. at 28a. A supervisor told her it was because she is married to Mr. Spallone. Id. at 23a.

2 The Spallones asserted that in violation of the Whistleblower Law, the PSP retaliated against them for Mr. Spallone’s decision to report his supervisor’s wrongdoing. R.R. at 12a-13a & 29a-30a. They claimed loss of seniority rights, loss of higher wages from ungranted promotions, reputational damage, and mental and other damages. Id. at 13a & 30a. They sought promotions to the rank of lieutenant, restoration of lost pay, employment status, and rights, and money damages for each of them in excess of $30,000. Id. The PSP filed preliminary objections asserting that the Spallones’ amended complaints were legally insufficient because Whistleblower Law claims against state actors and entities fall within the exclusive original jurisdiction of this Court rather than our trial-level courts. Id. at 37a-38a & 43a-44a. In July 2024, after briefing and argument, the trial court issued identical orders sustaining the PSP’s preliminary objections in both cases. The trial court concluded that although no published decisions expressly lodged jurisdiction over Whistleblower Law claims against state entities with this Court, there is a “clear and persuasive pattern of holdings” to that effect, which the trial court declined to contradict. Trial Ct. Orders, July 25, 2024, at 3-4. Thus, the trial court ordered the Spallones’ cases transferred to this Court. Id. at 4. The Spallones filed motions to certify the trial court’s otherwise interlocutory order for appeal to this Court, which the trial court granted. Trial Ct. Orders, Aug. 30, 2024, at 1. The Spallones then sought this Court’s permission to appeal, which we granted; we also consolidated their cases for purposes of this appeal. Petitions for Permission to Appeal, Sept. 27, 2024, at 1; Orders, Jan. 7, 2025. These matters have been briefed and argued en banc and are now ripe for disposition.

3 II. Issue The Spallones argue that Whistleblower Law claims seeking money damages against the Commonwealth or its agencies may be brought in trial-level courts because they are not within this Court’s original and exclusive jurisdiction as set forth in Section 761(a)(1) of our Judicial Code.2 42 Pa.C.S. § 761(a)(1). Spallones’ Br. at 13-16. They assert that their claims fall within the exception at Section 761(a)(1)(v) for “actions or proceedings in the nature of trespass as to which the Commonwealth government formerly enjoyed sovereign or other immunity and actions or proceedings in the nature of assumpsit relating to such actions or proceedings in the nature of trespass.” 42 Pa.C.S. § 761(a)(1)(v). Id.

III. Discussion Section 761 of the Judicial Code states in relevant part: (a) General rule.--The Commonwealth Court shall have original jurisdiction of all civil actions or proceedings:

(1) Against the Commonwealth government, including any officer thereof, acting in his official capacity, except:

....

(v) actions or proceedings in the nature of trespass as to which the Commonwealth government formerly enjoyed sovereign or other immunity and actions or proceedings in the nature of assumpsit relating to such actions or proceedings in the nature of trespass.

42 Pa.C.S. § 761(a)(1).

2 42 Pa.C.S. §§ 101-9913.

4 In Balshy v. Rank, 490 A.2d 415 (Pa. 1985), which concerned federal civil rights claims arising from an allegedly wrongful arrest and prosecution, the plaintiff sought money damages under Sections 1983 and 1985 of Title 42 of the United States Code. Id. at 416 (analyzing 42 U.S.C. §§ 1983 & 1985). Our Supreme Court characterized the plaintiff’s claims as entailing “a species of tort liability” and concluded that such claims “are outside the original jurisdiction of Commonwealth Court and are properly commenced in the Courts of Common Pleas.” Id. at 420-21. Similarly, in Miles v. Beard, 847 A.2d 161 (Pa. Cmwlth. 2004), an inmate sought money damages for Section 1983 violations relating to kosher meals, which he had received at prior correctional facilities. Id. at 163. This Court concluded that the inmate’s allegations belonged at a trial-level court because “this Court lacks original jurisdiction over tort actions for money damages that are premised on either common law trespass or a civil action for deprivation of civil rights.” Id. at 164. Money damages claims for violations of other statutory arrangements must also be brought in our trial-level courts. In Hill v. Department of Environmental Protection, 679 A.2d 773 (Pa.

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J. Spallone v. PSP, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-spallone-v-psp-pacommwct-2026.