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Ming Wei v. Pennsylvania Civil Service Commission
Paid petition · Commonwealth Court of Pennsylvania, No. 1321 C.D. 2018 · judgment May 9, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Wei is a naturalized Asian American Epidemiologist who was dismissed by the Pennsylvania Department of Health ("PADOH"). His duty was to check for data errors to maintain the data integrity and keep a vigil against the Epidemic. PADOH claimed that it dismissed Wei because he failed to complete converting HIV/AIDS HARS data that it assigned him solely. Wei claimed that PADOH never assigned him the task, never gave him an opportunity to respond, and it terminated him for blocking his ongoing search for more data errors after the others converted HARS data. PADOH never gave Wei the opportunity to respond before termination, it refused to provide and present the key documents. The Commission disallowed Wei from having an interpreter in a civil service hearing, and credited all PADOH stated but discredited Wei. The state court of appeals .affirmed. Wei filed a case in a federal court and uncovered the contemporaneous records later, PADOH admitted it never assigned Wei to convert HARS data in the federal court. When Wei used the records to reopen this case, PADOH insisted that it assigned Wei to convert the HARS data solely. The state court of appeals stated that it didn't believe that PADOH never assigned wei to convert HARS data and it couldn't access the federal courts' records. The questions presented are as follows: Whether Wei's constitutional rights and due process rights were violated in the state proceedings Whether the court of appeals erred in that PADOH didn't commit the fraud. Whether the court of appeals erred in that Wei could use PADOH's records in the initial hearing
Counsel of record
For petitioner
Ming Wei
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 05 2020Petition DENIED.
- Jul 29 2020DISTRIBUTED for Conference of 9/29/2020.
- Jun 06 2020Petition for a writ of certiorari filed. (Response due July 13, 2020)