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  1. #1

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    My question involves court procedures for the state of: Pa. Can a mayor be sued for dereliction of his office? If so, how to start the process.

  2. #2
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    You have to show that you have been personally disadvantaged in a tangible way by his actions/inactions.

  3. #3
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    Quote Quoting balasaj5@gmail.com
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    My question involves court procedures for the state of: Pa. Can a mayor be sued for dereliction of his office? If so, how to start the process.
    In most cases you could not successfully sue for that. But the details of what the mayor did and how it harmed you matter a lot. What is it that the mayor did that you consider "dereliction of his office" and how did that affect you?

  4. #4
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    Quote Quoting balasaj5@gmail.com
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    My question involves court procedures for the state of: Pa. Can a mayor be sued for dereliction of his office? If so, how to start the process.
    The answer to your question Can a mayor be sued for dereliction of his office is no. You could try to sue a mayor for something he did to you that caused you harm and damages such as defamation. But for dereliction of his office no. A mayor (an employee of the local jurisdiction) has qualified immunity in performing his job or not. The jurisdiction that he/she works for has Sovran immunity.

    If a mayor is convicted of a crime they can be removed by impeachment. Or you can recall (remove) an elected official through a recall election held in the jurisdiction if your state allows for it.

    A few years ago the PA legislature was working on a bill that would allow for removal of mayors and other local elected officials but I don't know if it ever became law. You can check with your local clerk's office. Or you remove them at the next election.

    In any event, if you want to sue someone that works for your local jurisdiction, the county, or the state you must first file a Torts Claim Notice before you may file the suit.

    42 Pa. C.S. 5522 requires that notice of intention to make a claim against either Commonwealth party or political subdivision must be made within six months after the cause of action accrued.
    https://www.legis.state.pa.us/cfdocs...n=22&subsctn=0

  5. #5
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    Bud - do you perhaps mean sovereign immunity?

  6. #6
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    Bud, the Tort claims mechanism is not applicable to the type of lawsuit he is referring to, Dereliction of duty.

    What you link is similar to Ohio's Political subdivision tort liability act.

    http://codes.ohio.gov/orc/2744

  7. #7
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    Quote Quoting cbg
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    Bud - do you perhaps mean sovereign immunity?
    Yes.

    Quote Quoting RJR
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    Bud, the Tort claims mechanism is not applicable to the type of lawsuit he is referring to, Dereliction of duty.

    What you link is similar to Ohio's Political subdivision tort liability act.
    If you want to sue the mayor of a political subdivision of the state you must file a tort claim notice. As I said in my post above, this would apply only if OP was damaged by something the mayor did while in the course of his employment as being the mayor. Dereliction of duty is not a tort.

  8. #8
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    Quote Quoting budwad
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    If you want to sue the mayor of a political subdivision of the state you must file a tort claim notice. As I said in my post above, this would apply only if OP was damaged by something the mayor did while in the course of his employment as being the mayor. Dereliction of duty is not a tort.
    Then since you brought up Defamation as a tort, you do not have to file a tort claims notice to file such suit, it does NOT apply. Read your own link of what actions the TCA applies to.

  9. #9
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    I'm not going to argue the point with you. If you sue the mayor acting in his/her capacity as mayor you must file a tort claim notice.

    claim of a person.

    (b) Commencement of action required.--The following actions and proceedings must be commenced within six months:

    (1) An action against any officer of any government unit for anything done in the execution of his office, except an action subject to another limitation specified in this
    If you want to make a legal argument to the contrary please do so.

  10. #10
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    Sep 2018
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    Your own link refers to actions under Chapter 85, this is 85:

    https://www.legis.state.pa.us/WU01/L...42/00.085..HTM

    One example of a tort claim action:

    (5) Potholes and other dangerous conditions.--A dangerous condition of highways under the jurisdiction of a Commonwealth agency created by potholes or sinkholes or other similar conditions created by natural elements, except that the claimant to recover must establish that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred and that the Commonwealth agency had actual written notice of the dangerous condition of the highway a sufficient time prior to the event to have taken measures to protect against the dangerous condition. Property damages shall not be recoverable under this paragraph.

    Governmental or Proprietary functions (as listed in 85 only) are the basis of claims under the Tort claims act.

    I you still disagree, I'll let it go at that.

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