On March 3, a federal jury sitting in Philadelphia sent shock waves through the halls of Harrisburg when it found four employees of the Pennsylvania Department of Environmental Protection (DEP) personally liable for violating a steel wool manufacture’s federal constitutional and state law rights, and awarded the company $6.5 million in damages. The court rejected a number of the employees’ defenses, including sovereign immunity and qualified immunity.

This article will examine the nature and limits of these immunities as demonstrated by this controversial case, and how it may impact commonwealth agencies.

Claims Against Employees

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