October, 2005
COMMONWEALTH COURT REAFFIRMS HIGH PUBLIC OFFICIAL IMMUNITY FOR BOROUGH COUNCIL MEMBERS IN DEFAMATION SUIT
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* In Osiris Enterprises v. Borough of Whitehall, 877 A.2d 560 (Pa. Commw. 2005), the Commonwealth Court held that members of the Whitehall Borough Council enjoyed high public official immunity from a construction company’s defamation and economic interference claims. 

January, 2005
US SUPREME COURT CLARIFIES STANDARD FOR “QUALIFIED IMMUNITY” DEFENSE FOR POLICE OFFICERS
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* In Brosseau v. Haugen, 125 S.Ct. 596 (December 13, 2004), the Supreme Court of the United States held that a police officer is entitled to qualified immunity from a civil rights lawsuit if he “reasonable misapprehends” the law governing the circumstances with which he was confronted. In Brosseau, a fleeing suspect was shot in the back by a police officer and subsequently brought a § 1983 action alleging the use of excessive force. The District Court for the Western District of Washington granted summary judgment to the officer on the grounds of qualified immunity, but the Ninth Circuit Court of Appeals reversed and remanded, holding that the officer had violated the suspect’s Fourth Amendment right to be free from excessive force. The Ninth Circuit reasoned that, because the right to be free from the use of excessive force is “firmly established” the officer was not entitled to qualified immunity.

October, 2004
PENNSYLVANIA SUPREME COURT EXTENDS LOCAL AGENCY IMMUNITY TO SOME VOLUNTEER AMBULANCE COMPANIES.
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* The Pennsylvania Supreme Court has ruled that, in certain circumstances, volunteer ambulance companies may be immune from lawsuits under Pennsylvania’s Political Subdivision Tort Claims Act. The Pennsylvania Commonwealth Court had determined previously that volunteer ambulance companies were not entitled to this immunity. The Commonwealth Court thus distinguished ambulance companies from volunteer fire companies.