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 Commonwealth agency, or a member of the General Assembly or of the judiciary may assert on his own behalf, or the Commonwealth may assert on his behalf, the defense that the employee was acting pursuant to a duty required by a statute or statutorily authorized regulation.
(3) An employee of a Commonwealth agency, or a member of the General Assembly or of the judiciary may assert on his own behalf, or the Commonwealth may assert on his behalf, the defense that the act was within the discretion granted to the employee by statute or statutorily authorized regulation.
Cross References. Section 8524 is referred to in section 1711 of Title 74 (Transportation).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 85 - Matters Affecting Government Units
Section 8502 - Enforcement proceedings
Section 8521 - Sovereign immunity generally
Section 8522 - Exceptions to sovereign immunity
Section 8523 - Venue and process
Section 8525 - Legal assistance
Section 8526 - Counterclaim by the Commonwealth
Section 8527 - Indemnity relating to inmate health care
Section 8528 - Limitations on damages
Section 8553 - Limitations on damages
Section 8541 - Governmental immunity generally
Section 8542 - Exceptions to governmental immunity
Section 8545 - Official liability generally
Section 8546 - Defense of official immunity
Section 8547 - Legal assistance
Section 8549 - Limitation on damages
Section 8550 - Willful misconduct
Section 8557 - Judgment as a bar
Section 8558 - Judgments against insured local agency
Section 8559 - Judgments against self-insured local agency and those not fully insured