protections of sovereign immunity in Pennsylvania

2026See Acker v. Spangler, 500 A.2d 206 (Pa. Cmwlth. 1985) (Tort Claims Act does not bar a cause of action against school employee in his individual capacity for willful tortious conduct); Justice v. Lombardo, 208 A.3d 1057 (Pa. 2019) (a trooper acting outside the scope of his employment is not able to benefit from the protections of sovereign immunity).

2023Given these principles, Detectives, as employees of SEPTA, “are entitled to the protections of sovereign immunity for conduct within the scope of their duties, subject only to certain exceptions not applicable here.” Justice, 208 A.3d at 1067 .

2019In the present case, it is undisputed that Trooper Lombardo, as an employee of the PSP, is entitled to the protections of sovereign immunity for conduct within the scope of his duties, subject only to certain exceptions not applicable here. 10 See 1 Pa.C.S. § 2310 ; see also 42 Pa.C.S. §§ 8521, 8522(b)(1)-(9) ; La Frankie , 618 A.2d at 1149 .

2019In the present case, it is undisputed that Trooper Lombardo, as an employee of the PSP, is entitled to the protections of sovereign immunity for conduct within the scope of his duties, subject only to certain exceptions not applicable here.10 See 1 Pa.C.S. § 2310; see also 42 Pa.C.S. §§ 8521, 8522(b)(1)–(9); La Frankie, 618 A.2d at 1149 .

2017Justice Wecht cites to two such cases: Games Int'l, Inc. v. Com., 66 A.3d 740 (Pa. 2013) and Mullin v. Commonwealth, Dept. of Trans., 870 A.2d 773 (Pa. 2005).3 The Concurrence cites to no Pennsylvania case, however, holding that sovereign immunity protects its holder from the “financial and temporal costs of litigation” in cases where the doctrine does not provide its holder with immunity from suit. 3 The Concurrence also cites to a Commonwealth Court decision, Stackhouse v. Com., Pennsylvania State Police, 892 A.2d 54 (Pa. Commw. 2006), that involved a request for declaratory relief.

2017Justice Wecht cites to two such cases: Games Int'l, Inc. v. Com., 66 A.3d 740 (Pa. 2013) and Mullin v. Commonwealth, Dept. of Trans., 870 A.2d 773 (Pa. 2005).3 The Concurrence cites to no Pennsylvania case, however, holding that sovereign immunity protects its holder from the “financial and temporal costs of litigation” in cases where the doctrine does not provide its holder with immunity from suit. 3 The Concurrence also cites to a Commonwealth Court decision, Stackhouse v. Com., Pennsylvania State Police, 892 A.2d 54 (Pa. Commw. 2006), that involved a request for declaratory relief.

2017Justice Wecht cites to two such cases: Games Int'l, Inc. v. Com., 66 A.3d 740 (Pa. 2013) and Mullin v. Commonwealth, Dept. of Trans., 870 A.2d 773 (Pa. 2005).3 The Concurrence cites to no Pennsylvania case, however, holding that sovereign immunity protects its holder from the “financial and temporal costs of litigation” in cases where the doctrine does not provide its holder with immunity from suit. 3 The Concurrence also cites to a Commonwealth Court decision, Stackhouse v. Com., Pennsylvania State Police, 892 A.2d 54 (Pa. Commw. 2006), that involved a request for declaratory relief.

2017Id.

2015(C.R. at 84-85.) In doing so, the trial court relied upon Pyeritz v. Commonwealth, 32 A.3d 687 (Pa. 2011), in stating that the “personal property exception only allows suit against the Commonwealth for negligence when the property itself causes physical injury.” (C.R. at 84 (quoting Pyeritz, 32 A.3d at 696 ) (Eakin, J., concurring).) The trial court also reasoned that Payne had not pled how he and Appellees entered into a contract to satisfy his assumpsit claim.

2015(C.R. at 84-85.) In doing so, the trial court relied upon Pyeritz v. Commonwealth, 32 A.3d 687 (Pa. 2011), in stating that the “personal property exception only allows suit against the Commonwealth for negligence when the property itself causes physical injury.” (C.R. at 84 (quoting Pyeritz, 32 A.3d at 696 ) (Eakin, J., concurring).) The trial court also reasoned that Payne had not pled how he and Appellees entered into a contract to satisfy his assumpsit claim.