Section 8550 – Willful misconduct
§ 8550. Willful misconduct. In any action against a local agency or employee thereof for damages on account of an injury caused by the act of the employee in which it is judicially determined that the act of the employee caused the injury and that such act constituted a crime, actual fraud, actual malice or […]
Section 8522 – Exceptions to sovereign immunity
§ 8522. Exceptions to sovereign immunity. (a) Liability imposed.–The General Assembly, pursuant to section 11 of Article I of the Constitution of Pennsylvania, does hereby waive, in the instances set forth in subsection (b) only and only to the extent set forth in this subchapter and within the limits set forth in section 8528 (relating […]
Section 8557 – Judgment as a bar
§ 8557. Judgment as a bar. The judgment in an action cognizable under section 8545 (relating to official liability generally) shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the local agency of which the defendant in such action is an employee. The judgment in […]
Section 8523 – Venue and process
§ 8523. Venue and process. (a) Venue.–Actions for claims against a Commonwealth party may be brought in and only in a county in which the principal or local office of the Commonwealth party is located or in which the cause of action arose or where a transaction or occurrence took place out of which the […]
Section 8558 – Judgments against insured local agency
§ 8558. Judgments against insured local agency. If the judgment is obtained against a local agency that has procured a contract or policy of public liability insurance protection, the holder of the judgment may use the methods of collecting the judgment as are provided by the policy or contract and the laws of the Commonwealth […]
Section 8524 – Defenses
§ 8524. Defenses. The following common law defenses are available: (1) An official of a Commonwealth agency, or a member of the General Assembly or the judiciary may assert on his own behalf, or the Commonwealth may assert on his behalf, defenses which have heretofore been available to such officials. (2) An employee of a […]
Section 8559 – Judgments against self-insured local agency and those not fully insured
§ 8559. Judgments against self-insured local agency and those not fully insured. For the payment of any judgment obtained under the provisions of this subchapter against a local agency that is a self-insurer or not fully covered by liability insurance, the manner of paying a money judgment shall be based upon a proof of indebtedness […]
Section 8525 – Legal assistance
§ 8525. Legal assistance. When an action is brought under this subchapter against an employee of the Commonwealth government, and it is alleged that the act of the employee which gave rise to the claim was within the scope of the office or duties of the employee, the Commonwealth through the Attorney General shall defend […]
Section 8526 – Counterclaim by the Commonwealth
§ 8526. Counterclaim by the Commonwealth. In any action initiated under this subchapter, the Commonwealth may set forth any cause of action or set-off which it has against the plaintiff. A counterclaim need not diminish or defeat the relief demanded by the plaintiff. It may demand relief exceeding in amount or different in kind from […]
Section 8527 – Indemnity relating to inmate health care
§ 8527. Indemnity relating to inmate health care. The Commonwealth shall indemnify against liability a municipal corporation for a claim against the municipal corporation arising from an act or omission of the municipal corporation, its officials, its employees or agents when participating in a program for the provision of medical treatment in a health care […]