25 Pa. Commw. 340 | Pa. Commw. Ct. | 1976
Lead Opinion
Opínion by
Appellants, Charles J. and Ruth M. Bauer, are residents of Monroe Township in Cumberland County, who, in 1971, purchased a newly constructed house within a development known as Monroe Acres. On or about August 1, 1974, appellants filed a complaint in the Cumberland County Court of Common Pleas.
Appellants’ complaint is extremely complex, both in its allegations and in its requested forms of relief. However, we need not confront its every facet at this time. The Township and its supervisors responded jointly to appellants’ complaint with preliminary objections in the nature of a demurrer. In an opinion and order filed January 21, 1975, the lower court sustained these preliminary objections and entered judgment on the pleadings in favor of Monroe Township and its supervisors.
“We now hold that the doctrine of governmental immunity — long since devoid of any valid justification — is abolished in this Commonwealth.” 453 Pa. at 587, 305 A.2d at 878. (Footnotes omitted.)
While difficult to categorize as either intentional or negligent conduct, the complaint’s allegations of failure of the Township and its supervisors to have performed sundry public duties and appellants’ corresponding prayer for damages resound in traditional concepts of tort law. It is doubtless that such a position would have been patently sterile prior to Ayala.
In dismissing appellants’ complaint as to the Township and its supervisors, the lower court proceeded upon the assumption that governmental immunity and the absolute immunity of high public officials
Governmental immunity was incorporated into the, body of Pennsylvania jurisprudence at least as early as 1888 when Ford v. Kendall Borough School District, 121 Pa. 543, 15 A. 812 (1888), was decided. Although Ford offers no express .citation to Russell v. Men of Devon, supra, as precedent, Ford’s reliance on the identical rationales presented in Bussell strongly suggests Ford’s lineage from that English case. On the other hand, the absolute immunity of high public officials did not gain recognition in our Commonwealth until 1952.
The rationales traditionally pronounced for the advent and evolution of governmental immunity have been the prevention of “an infinity of actions,” the
What we have then are at least three points of differentiation between the developments of the two doctrines: (1) they follow different, though perhaps parallel, historical paths through Pennsylvania and federal law (absolute immunity) and into the English common law; (2) their respective placements within the body of Pennsylvania law occurred over a 60 year interval; and (3) they were created, adopted and nurtured for different reasons. Whether or not the absolute immunity of high public officials merits continued recognition, is not for this Court to say. As a judicially created doctrine long recognized by our Supreme Court, Jonnet v. Bodick, supra note 4, we are bound by its holding. Lovrinoff v. Pennsylvania Turnpike Commission, 3 Pa. Commonwealth Ct. 161, 281 A.2d 176 (1971). We simply believe that the Supreme Court’s abolition of governmental immunity in Ayala did not and was not intended to effect an abolition of the doctrine of absolute immunity of high public officials.
Order
Now, July 2, 1976, the order of the Court of Common Pleas of Cumberland County is reversed insofar as it granted the demurrer of Monroe Township and dismissed the complaint as to the Township. In all other respects, the order is affirmed. This case is remanded to the Court of Common Pleas of Cumberland County for further proceedings consistent with the opinion filed herewith.
The complaint was filed by appellants in their individual capacities and as the parents and natural guardians of their five minor children.
Appellants were granted leave to amend their complaint as to the private defendants.
See, e.g., Smeltz v. Harrisburg, 440 Pa. 224, 269 A.2d 466 (1970) ; Dillon v. York City School District, 422 Pa. 103, 220 A.2d 896 (1966).
It lias been conceded that the Township’s supervisors are, in fact, “high public officials”. See Jonnet v. Bodick, 431 Pa. 59, 244 A.2d 751 (1968).
See Ayala, supra.
Absolute immunity is not to be confused with the long-standing Pennsylvania doctrine of conditional immunity of officials, agents and employees of governmental entities. See, e.g., Burton v. Fulton, 49 Pa. 151 (1865).
See Spalding v. Vilas, 161 U.S. 483 (1896).
Concurrence in Part
Concurring and Dissenting Opinion
While I agree, with the majority of this Court that Appellants’ complaint should not have been dismissed as to Monroe Township, I disagree with its determination that high public officials of political subdivisions are absolutely immune from liability in civil actions.
Ayala clearly emphasized the rationales underlying local governmental immunity are neither justified by experience nor required by social policy.
In rejecting the anachronistic rationales customarily employed in support of governmental immunity, Ayala emphasized that the redress of wrongs done to individuals by units of local government was of paramount importance. This, I believe, should be the overriding consideration whenever units of local government or their officials are sued in tort.
Since the constitutional mandate of Article I, Section 11, appears to me to be the only reason for our Supreme Court’s refusal to abandon the sovereign immunity of the Commonwealth and its high public officials, I see no reason for this Court to ignore the policy priorities articulated in Ayala. Accordingly, while it may be necessary to retain individual immunity for high officials of the Commonwealth in order to implement the Commonwealth’s entity immunity, I think it unnecessary to retain the individual immunity of high officials of local government when the entity immunity of units of local government has been abolished.