Winig, J., Aplt. v. Office of DA of Phila.

Summary

Justice McCaffery, joining Justice Mundy, dissents from the majority, holding that the Pennsylvania Wiretap Act’s waiver of sovereign immunity also encompasses high public officials such as district attorneys, and therefore the prosecutors are not immune from civil liability. He argues the majority misinterpreted the statutory language and would remand for denial of the immunity defenses.