Furthermore, a state official cannot be held vicariously liable on the grounds of Respondeat superior for the torts of subordinates. Hampton v. Holmesburg Prison Officials, supra.
In the instant case, the complaint against Chancellor Posvar fails to allege: (1) actual knowledge that the dismissal violated Walker's constitutional rights; (2) actual participation or acquiescence in the decision to dismiss plaintiff, or (3) intentional or malicious deprivation of plaintiff's constitutional rights. Thus, the first two counts against this party must be dismissed.
Our conclusion is buttressed by the decisions of the Court of Appeals which holds that complaints in such cases must be specifically pleaded to withstand dismissal. See, e.g., Kauffman v. Moss, 420 F.2d 1270 (3d Cir. 1970), cert. denied, 400 U.S. 846, 91 S. Ct. 93, 27 L. Ed. 2d 84; Negrich v. Hohn, 379 F.2d 213 (3d Cir. 1967); U. S. v. Bolsinger, 211 F. Supp. 199 (W.D.Pa.), Aff'd per curiam, 311 F.2d 215 (3d Cir. 1962), Cert. denied, 372 U.S. 931, 83 S. Ct. 878, 9 L. Ed. 2d 735. This apparent exception to notice pleading is derived from the volume of such cases, and the need to eliminate unsubstantiated complaints to permit expeditious and just resolution of legitimate claims. Kauffman v. Moss, 420 F.2d 1270, 1276, n. 15 (3d Cir. 1970).
Counts III and V allege breach of a contract of employment with the University. However, Walker does not aver that the Chancellor was involved in the hiring of plaintiff. Even assuming such involvement, the Chancellor is not personally liable on a contract entered into on behalf of a disclosed principal, i. e., the University of Pittsburgh, unless the agent agrees to be liable. Restatement (Second) of Agency § 320 (1958); Revere Press, Inc., v. Blumberg, 431 Pa. 370, 246 A.2d 407 (1968). Accordingly, the Chancellor cannot be liable for breach of plaintiff's alleged employment contract with the University and Counts III and V must be dismissed.
Count IV alleges the tort of wrongful discharge. Inasmuch as Pennsylvania does not recognize the tort of malicious and wrongful dismissal, Geary v. U. S. Steel Corp., 456 Pa. 171, 319 A.2d 174 (1974), plaintiff's fourth count must also be dismissed. See, Thornton v. Milevin & Co., No. 77-1509, slip op. at 7 (E.D.Pa. April 7, 1978).
For the foregoing reasons, the complaint against Chancellor Posvar must be dismissed.