Can a government employee be stripped of immunity under the Tort Claims Act without being found to have committed willful misconduct?

That's the question the Pennsylvania Supreme Court has agreed to take up in Cruz v. Peachey. The justices granted allocatur in the case Sept. 19.

In Cruz, a Philadelphia jury determined that a Philadelphia police officer committed the intentional torts of battery, assault and false imprisonment/arrest, despite also finding that he did not commit willful misconduct.