Case law

City Council of Philadelphia v. Greene

856 A.2d 217 · Commonwealth Court of Pennsylvania · Jul 21, 2004

The Housing Authority points to these provisions and cases establishing that it and similar local housing authorities and port authorities are Commonwealth agencies for the purpose of sovereign immunity to support its assertion … Likewise, even accepting that some pre-deci-sional deliberations of an agency may be privileged, the Authority does not identify what information requested by Council qualifies for this privilege.

City of Philadelphia v. Cumberland County Board of Assessment Appeals

18 A.3d 421 · Commonwealth Court of Pennsylvania · Apr 4, 2011

, making all of its Property immune from local taxation. … Without delving too deeply into the Trust’s affairs, it appears that it qualifies as an institution of purely public charity.

Govan v. Philadelphia Housing Authority

848 A.2d 193 · Commonwealth Court of Pennsylvania · Apr 27, 2004

The record clearly supports Govan’s position when reviewed in a light most favorable to Govan as the non-moving party. … This undisputed evidence establishes that PHA had possession of or control over the dog for purposes of the sovereign immunity exception for care, custody, or control of animals.

E. King v. Pittsburgh Water and Sewer Authority

139 A.3d 336 · Commonwealth Court of Pennsylvania · May 27, 2016

As such, the Authority asserted, King did not establish the exception to local agency immunity under 42 Pa. C.S. §8542(b)(5). … Therefore, plaintiff failed to establish any exception to governmental immunity under [42 Pa.

T. Pysher v. Clinton Twp. Volunteer Fire Co.

209 A.3d 1116 · Commonwealth Court of Pennsylvania · May 8, 2019

Notably, in Guinn, the immunity of the fire company had already been conceded and was not in issue. The issue before the Supreme Court was whether that immunity extended outside of the scope of firefighting duties. … To qualify as governmental, the function must be a substantial facet of a government activity.” Id. at 1109.

Leonard v. Cole

134 Pa. Commw. 14 · Commonwealth Court of Pennsylvania · Jul 2, 1990

Briggs, 475 U.S. 335 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986) the United States Supreme Court held that a police officer enjoys qualified immunity from damage actions when his request for a warrant allegedly causes an unconstitutional … Only when the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable, will the shield of immunity be lost. Id.

Jones-Molina v. Southeastern Pennsylvania Transportation Authority

29 A.3d 73 · Commonwealth Court of Pennsylvania · Jul 22, 2011

While die provisions at issue have slightly different wording, both clearly apply to occupants. … We therefore have no need to consider SEPTA’s assertion of sovereign immunity.

M. Ali v. Unknown CERT Team Members & PA DOC

Commonwealth Court of Pennsylvania · May 23, 2025

Establishing a limited list of exceptions to immunity, the General Assembly adopted [the Act]. Section 8522 of the . . . … With respect to sovereign immunity, the trial court sustained Defendants’ PO, explaining: In the instant action, the C[]E[]R[]T[’s] [] search of [Ali]’s cell clearly falls within the scope of

Boyertown Area School District v. Department of Education

797 A.2d 421 · Commonwealth Court of Pennsylvania · May 2, 2002

, immunities, duties liabilities, or obligations. … First, the school districts clearly have a property interest at stake.

Nagle v. Pennsylvania Insurance Department

46 Pa. Commw. 621 · Commonwealth Court of Pennsylvania · Oct 26, 1979

issue raised by demurrer as to particular counts against particular respondents, for if petitioners, apart from their class, have not stated a cause of action in some counts as against some respondents even if otherwise qualified … Sections 5 and 6 of the Act of June 2, 1915, P.L. 762, as amended, 77 P.S. §§241, 242, establish the method of determining the amount of premiums, their increase or decrease, and their schedule of payments.

Robson v. Penn Hills School District

63 Pa. Commw. 250 · Commonwealth Court of Pennsylvania · Dec 16, 1981

Exceptions to governmental immunity. … immunity by the holding in Ayala v.

Holt v. Northwest Pennsylvania Training Partnership Consortium, Inc.

694 A.2d 1134 · Commonwealth Court of Pennsylvania · May 13, 1997

Because the record clearly supports that the Commonwealth defendants were acting within the scope of their employment when the acts alleged by Holt were allegedly committed, they are immune from liability and the counts against … Moreover, once it is established that the official is entitled to immunity, the governmental agency cannot be held liable under the theory of respondeat superior, even if the conduct falls within one of the exceptions.

Burns v. Blair County

112 A.3d 690 · Commonwealth Court of Pennsylvania · Mar 31, 2015

We believe the Legislature has clearly precluded the imposition of liability on itself or the local agencies for acts of *699 third parties by its language of § 854.1 ... and that it has not seen fit to waive immunity for … Burns did not establish that the injury was caused by a defect in the County property. Under Mascaro , the government entity is not liable for the criminal acts of others.

In re Upset Sale of Properties

111 Pa. Commw. 33 · Commonwealth Court of Pennsylvania · Nov 9, 1987

As such, the Superior Court held that it is well established law that volunteers have no right to reimbursement. See also Lohrs Estate, 132 Pa. Superior Ct. 125, 129 , 200 A. 135, 136 (1938). … As governmental immunity is an affirmative defense that must be raised in a responsive pleading or it is considered waived, the TCU’s failure to assert the immunity defense before the common pleas court constituted a waiver

Balshy v. Pennsylvania State Police

988 A.2d 813 · Commonwealth Court of Pennsylvania · Feb 8, 2010

Of note, over the course of his career, Balshy had been qualified as an expert in lifting and identifying fingerprints. … waiver and determined to retain sovereign immunity.

Pennsylvania Ass'n of State Mental Hospital Physicians v. State Employees' Retirement Board

87 Pa. Commw. 108 · Commonwealth Court of Pennsylvania · Aug 10, 1984

. §8522 and that, therefore, Sections 1726 and 2503 of the Judicial Code can not be construed as a waiver of sovereign immunity. … Clearly, the Board here is legally concerned with the outcome of the petitioners’ motion for attorney’s fees and, thus, must be considered a “litigant” in the underlying “matter”.

Dean v. Commonwealth, Department of Transportation

718 A.2d 374 · Commonwealth Court of Pennsylvania · Sep 18, 1998

Regarding PennDot’s duty to erect guardrails on the highway, Dean needed to establish PennDot’s negligence. … Summary judgment is appropriate when there is no genuine issue of material fact and the movant clearly establishes its entitlement to judgment as a matter of law. Mason & Dixon Lines, Inc. v.

City of Philadelphia v. Delaware County Board of Assessment Appeals

691 A.2d 992 · Commonwealth Court of Pennsylvania · Feb 28, 1997

from taxation under the doctrine of intergovernmental immunity. … Clearly, a building which has the purpose of facditating the regional distribution of the mad away from the Airport is not a general service budding that would qualify for taxation under the terms of Paragraph 8 of the Agreement

Thomas v. Pagano

108 Pa. Commw. 131 · Commonwealth Court of Pennsylvania · Jul 30, 1987

In holding that appellants had not established a cause of action within the vehicle liability exception to immunity, the trial court relied on the report by the Joint State Government Commission on the recommendations of … On the contrary, the Judicial Code clearly imposes liability where the motor vehicle is operated by a Commonwealth party in possession or control of the vehicle.

Smith v. Cortes

879 A.2d 382 · Commonwealth Court of Pennsylvania · Jul 19, 2005

Sovereign immunity arises under 1 Pa. … and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity.