General Assembly has waived immunity (Pennsylvania) · Go Syfert
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General Assembly has waived immunity in Pennsylvania

6 Pennsylvania opinions name it 2 courts 2000–2023 4 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
White v. School District of Philadelphiagreen
pa · 1998 · cited in 3 Pennsylvania opinions naming this issue, 2000–2023
2 sentences

2023See generally White v. Sch[.] Dist. of Phila., . . . 718 A.2d 778, 779 ([Pa.] 1998).

2002See generally White v. School Dist. of Phila., 553 Pa. 214, 217 , 718 A.2d 778, 779 (1998).

33
La Frankie v. Miklichgreen
pacommwct · 1992 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022La Frankie v. Miklich, 618 A.2d 1145, 1149 (Pa. Cmwlth. 1992).

11
Fawber v. Cohengreen
pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021Fawber v. Cohen, 532 A.2d 429, 433 (Pa. 11 The General Assembly has waived immunity “to claims for damages” brought against Commonwealth agencies and employees caused by: (1) vehicle liability; (2) medical-professional liability; (3) care, custody or control of personal property; (4) Commonwealth real estate, highways and sidewalks; (5) potholes and other dangerous conditions; (6) care, custody or control of animals; (7) liquor store sales; (8) national guard activities; (9) toxoids and vaccines; and (10) sexual abuse. 42 Pa. C.S. §8522(b). 8 1987).

11
Stackhouse v. Commonwealth, Pennsylvania State Policegreen
pacommwct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See also Stackhouse v. Pennsylvania State Police, 892 A.2d 54, 61 (Pa. Cmwlth. 2006) (claims seeking mandatory injunctions to compel affirmative action by Commonwealth officials are barred by sovereign immunity).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Bullock v. Horn green
pacommwct · 1998
1 sentence

2022Log Cabin’s claims do not fall under any of the exceptions listed in Section 8522(b) of the Sovereign Immunity Act. 21 Act of June 8, 1893, P.L. 345, as amended, formerly 12 P.S. §§ 1911-2002, repealed by the Act of April 28, 1978, P.L. 202. 22 The Sovereign Immunity Act became effective on December 4, 1980. 12 However, after Act 152 was passed, in Bullock v. Horn, 720 A.2d 1079 (Pa. Cmwlth. 1998), wherein the Department of Corrections (DOC) similarly argued that it enjoyed immunity because the petitioners’ action was not one of Section 8522(b) of the Sovereign Immunity Act’s exceptions, this

12022–2022

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 8522 (3) PA § 42 Pa. Cons. Stat. § 8542 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 6 (2000–2023) IL 3 (1975–1979)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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