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JOSEPH F. KULIK v. ROBERT E. STOTELMYER (10/05/78)

decided: October 5, 1978.

JOSEPH F. KULIK, APPELLANT,
v.
ROBERT E. STOTELMYER



No. 12 May Term, 1977, Appeal from the Order of the Commonwealth Court No. 3 T.D. 1975

COUNSEL

Joshua D. Lock, Harrisburg, for appellant.

Kathleen Herzog Larkin, David Max Baer, Deputy Attys. Gen., for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ.

Author: Roberts

[ 481 Pa. Page 58]

OPINION OF THE COURT

Appellant Joseph Kulik brought a defamation action against appellee Robert Stotelmyer. At the time of the alleged defamation, appellant was Director of Cadre Development

[ 481 Pa. Page 59]

    at the Central Correctional Academy at Camp Hill, Pa., an institution operated by the Bureau of Corrections of the Commonwealth. Appellee was a subordinate of appellant, Assistant Director of Cadre Development at the same institution.

Appellant initiated suit in the Court of Common Pleas of Dauphin County, which, at the request of appellee, transferred the suit to the Commonwealth Court. The Commonwealth Court raised the question of its jurisdiction, and heard argument on that issue and on the question of official immunity which appellee had raised in his answer. The court held that it had original jurisdiction over the case because, under section 401 of the Appellate Court Jurisdiction Act,*fn1 appellee was an "officer" of the Commonwealth. It also held that appellee was a "high public official" entitled to absolute immunity from suit for acts performed in the scope of his authority. It therefore dismissed the complaint and appellant appealed.*fn2

Appellant argues both that appellee is not an "officer" of the Commonwealth, so that the Commonwealth Court does not have original jurisdiction of this case, and that appellee is not entitled to absolute immunity from suit for his alleged defamation. We reach only the first question.

An officer of the Commonwealth for the purposes of section 401 of the Appellate Court Jurisdiction Act is a Commonwealth employee whose duties principally involve the statewide formulation or administration of policy. Wallace v. Commonwealth, Dep't of Public Welfare, 32 Pa. Commw. 615, 380 A.2d 930 (1977) (Secretary of Public Welfare and State Commissioner of Mental Health are "officers;" superintendent and trustees of a state hospital are not); Opie v. Glascow, Inc., 30 Pa. Commw. 555, ...


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