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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 8545 (2026)

 Official liability generally.

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OFFICIAL IMMUNITY

§ 8545.  Official liability generally.

An employee of a local agency is liable for civil damages on account of any injury to a person or property caused by acts of the employee which are within the scope of his office or duties only to the same extent as his employing local agency and subject to the limitations imposed by this subchapter.

 

Cross References.  Section 8545 is referred to in sections 8550, 8557 of this title; section 9158.5 of Title 18 (Crimes and Offenses).

Notes of Decisions
Cited in 137 cases (26 in the last 5 years), 1982–2026 · leading case: Orange Stones Co. v. City of Reading, 87 A.3d 1014 (Pa. Commw. Ct. 2014).
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Orange Stones Co. v. City of Reading, 87 A.3d 1014 (Pa. Commw. Ct. 2014). · cites it 3× “42 Pa.C.S. § 8545; Lancie v. Giles, 132 Pa.”
Kathleen Sanford v. Pamela Stiles Dennis Murphy East Penn Sch. Dist., 456 F.3d 298 (3d Cir. 2006). “42 Pa. Cons.Stat. § 8545. However, there is an exception to this general rule: Employees are not immune from liability under § 8545 where their conduct amounts to “actual malice” or “willful misconduct”: In any action against a local agency or employee thereof for damages on…”
Robbins ex rel. Robbins v. Cumberland Cnty. Child. & Youth Servs., 802 A.2d 1239 (Pa. Commw. Ct. 2002). · cites it 2× “42 Pa.C.S. § 8545. [18] Having determined on the facts as averred that CYS is not liable for the harm suffered by Seth, it is unnecessary to grant the Robbins an opportunity to re-plead punitive damages as a prayer for relief in the substantive counts of the complaint.”
Pettit v. Namie, 931 A.2d 790 (Pa. Commw. Ct. 2007). · cites it 2× “42 Pa.C.S. § 8545. Essentially, this provision states the liability of local agency employees cannot exceed the liability of their employing agency.”
Malia v. Monchak, 543 A.2d 184 (Pa. Commw. Ct. 1988). · cites it 3× “” 42 Pa. C. S. §8545 provides that an employee, acting within the scope of his office or duties, is subject to liability for his negligent conduct only to the extent that his employer would be.”
Vicky M. v. Ne. Educ. Intermediate Unit, 689 F. Supp. 2d 721 (M.D. Pa. 2009). · cites it 4× “42 Pa. Cons. Stat. Ann. § 8545. This Court previously held that as organizational defendants NEIU and ASHD were immune from the state tort claims under the PSTCA.”
Cornell Narberth, LLC v. Borough of Narberth, 167 A.3d 228 (Pa. Commw. Ct. 2017). “” 42 Pa. C.S. § 8545. 2 . 34 Pa. Code §§ 401.”
Simpson v. Phila. Sheriff's Off., 351 F. Supp. 3d 919 (E.D. Pa. 2019). · cites it 2× “42 Pa. C.S. § 8545 (emphasis added). Mantua Cmty.”
Gremo v. Karlin, 363 F. Supp. 2d 771 (E.D. Pa. 2005). “” 42 Pa. Cons.Stat. Ann. § 8545. The Third Circuit has interpreted the Tort Claims Act to provide immunity from claims for monetary damages even if the claims are brought under the Pennsylvania Constitution.”
Williams v. Stickman, 917 A.2d 915 (Pa. Commw. Ct. 2007). “Under 42 Pa.C.S. § 8545, an employee of a local agency is liable only to the same extent as his or her employing agency.”
City of Philadelphia v. Glim, 613 A.2d 613 (Pa. Commw. Ct. 1992). · cites it 2× “Section 8545 of the Judicial Code, 42 Pa.C.S. § 8545, states that ‘‘[a]n employee of a local agency is liable for civil damages on account of any injury to a person or property caused by acts of the employee which are within the scope of his office or duties only to the same…”
Feldman v. Hoffman, 107 A.3d 821 (Pa. Commw. Ct. 2014). “” Here, Hoffman raised the defense of "high ranking public official immunity," therefore, these sections are inapplicable.”
Show all 137 citing cases →
42 Pa. Cons. Stat. § 8545(b): 1 case
Schrank v. Borough of Moosic, 45 Pa. D. & C.4th 338 (Pa. Ct. Com. Pl. 2000).
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