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

Summary

Justice Dougherty dissents, arguing that the majority misread the Wiretap Act’s waiver language and erroneously limited liability to only certain low‑level officials. He maintains that Section 5725(b) expressly waives both sovereign and official immunity for the Commonwealth and its officers, officials, and employees. Accordingly, he would reverse the lower court’s ruling that high public official immunity bars Winig’s claim and remand for further consideration of prosecutorial immunity.