Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 8501 (2026)

Definitions.

✓ current as of May 2026

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CHAPTER 85

MATTERS AFFECTING GOVERNMENT UNITS

Subchapter

A. General Provisions

B. Actions Against Commonwealth Parties

C. Actions Against Local Parties

Enactment. Present Chapter 85 was added October 5, 1980, P.L.693, No.142, effective in 60 days.

Prior Provisions. Former Chapter 85, which related to matters affecting the Commonwealth, was added April 28, 1978, P.L.202, No.53, and repealed October 5, 1980, P.L.693, No.142, effective in 60 days.

Cross References. Chapter 85 is referred to in sections 761, 5522, 8332.5 of this title; section 7505 of Title 32 (Forests, Waters and State Parks); section 2385 of Title 34 (Game); section 2212 of Title 66 (Public Utilities); sections 1510.1, 9117 of Title 74 (Transportation).

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

8501. Definitions.

8502. Enforcement proceedings.

Cross References. Subchapter A is referred to in sections 17131, 17142, 17162 of Title 16 (Counties).

§ 8501. Definitions.

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Act." Includes a failure to act.

"Commonwealth party." A Commonwealth agency and any employee thereof, but only with respect to an act within the scope of his office or employment.

"Employee." Any person who is acting or who has acted on behalf of a government unit whether on a permanent or temporary basis, whether compensated or not and whether within or without the territorial boundaries of the government unit, including any volunteer fireman and any elected or appointed officer, member of a governing body or other person designated to act for the government unit. Independent contractors under contract to the government unit and their employees and agents and persons performing tasks over which the government unit has no legal right of control are not employees of the government unit.

"Injury." Includes death.

"Judicial determination." Any determination by a court of competent jurisdiction including any settlement approved by such court.

"Local agency." A government unit other than the Commonwealth government. The term includes, but is not limited to, an intermediate unit; municipalities cooperating in the exercise or performance of governmental functions, powers or responsibilities under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation); and councils of government and other entities created by two or more municipalities under 53 Pa.C.S. Ch. 23 Subch. A.

(Dec. 20, 2000, P.L.946, No.129, eff. 60 days)

2000 Amendment. Act 129 amended the def. of "local agency."

Prior Provisions. Former section 8501 was added April 28, 1978, P.L.202, No.53, and repealed October 5, 1980, P.L.693, No.142. The subject matter of former section 8501 is now contained in section 8502 of this title.

Cross References. Section 8501 is referred to in sections 1123, 1515, 8332.3 of this title; sections 17312, 17342 of Title 16 (Counties); section 1711 of Title 74 (Transportation).

Notes of Decisions

Cited in 299 cases (56 in the last 5 years), 1982–2026 · leading case: Marshall v. Port Auth., 568 A.2d 931 (Pa. 1990).

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Marshall v. Port Auth., 568 A.2d 931 (Pa. 1990). · cites it 6× “" A "Commonwealth party" is defined in 42 Pa.C.S. § 8501 as "[a] Commonwealth agency and any employee thereof.”

Brewington, S. v. Phila. Sch. Dist., Aplt., 199 A.3d 348 (Pa. 2018). · cites it 2× “” 42 Pa.C.S. § 8501; accord Cagey v. Commonwealth, 179 A.”

Cornell Narberth, LLC v. Borough of Narberth, 167 A.3d 228 (Pa. Commw. Ct. 2017). · cites it 3× “Independent contractors under contract to the government unit and their employees and agents and persons performing tasks over which the government unit has no legal right of control are not employees of the government unit.”

Feingold v. Se. Pennsylvania Transp. Auth., 517 A.2d 1270 (Pa. 1986). · cites it 2× “What we are faced with is a situation where the public policy implications of assessing damages, effectively against the taxpayers and public at large, must be weighed against the necessity of punishing the entity which has been entrusted with performing a public function.”

Toombs, Harold T. v. Manning, Sylvester, Brown, James, & Se. Pennsylvania Transp. Auth., 835 F.2d 453 (3rd Cir. 1987). · cites it 4× “2d 709 (1978), 42 Pa.C.S. § 8501 et seq.8 [the 1978 sovereign immunity statute].”

Piehl v. City of Philadelphia, 930 A.2d 607 (Pa. Commw. Ct. 2007). · cites it 4× “Further, the Attorney General's Office is a "Commonwealth party" within the meaning of Section 8501 of the Judicial Code, 42 Pa.C.S. § 8501. Thus, in Glover , the plaintiffs sought to substitute one agency, the Office of Attorney General, with another, i.”

La Frankie v. Miklich, 618 A.2d 1145 (Pa. Commw. Ct. 1992). · cites it 2× “. The exceptions to the sovereign immunity bar to actions against a Commonwealth party are set forth at 42 Pa.”

B.A. Casteel & J.R. Casteel, Individually & as Administrators of C.A. Miller v. L. Tinkey, 151 A.3d 261 (Pa. Commw. Ct. 2016). · cites it 6× “” 42 Pa.C.S. § 8501. 18 Appellants argue that, like the statute at issue in Goryeb, the Act does not conflict with the Sovereign Immunity Act and does not preclude a suit for negligence.”

Zion v. Nassan, 283 F.R.D. 247 (W.D. Pa. 2012). · cites it 3× “) His affirmative defense is grounded in Pennsylvania’s Sovereign Immunity Act, 42 Pa. Cons.Stat. § 8501 et seq., which shields state employees from monetary liability in many instances.”

Christy v. Cranberry Volunteer Ambulance Corps, Inc., 856 A.2d 43 (Pa. 2004). · cites it 2× “” 42 Pa.C.S. § 8501. A “government unit” is defined as “any government agency,” which includes “any political subdivision, municipal authority and other local authority, or any officer or agency of any such political subdivision or local authority.”

F. Minor v. Sgt. D. Kraynak, 155 A.3d 114 (Pa. Commw. Ct. 2017). “” Section 8501 of the Judicial Code, 42 Pa. C.S. § 8501.”

Snead v. Soc'y for the Prevention of Cruelty to Animals, 929 A.2d 1169 (Pa. Super. Ct. 2007). · cites it 2× “' 42 Pa.C.S. § 8501. The general definitions section of the Judicial Code, which applies in the absence of further specific definitions, defines a `government unit' as, inter alia, `"any government agency .”

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