Opinion by
Judge Rogers,
George M. Thorpe and Judith B. Thorpe, his wife, appeal from an order of the Court of Common Pleas of Delaware County, dismissing their Complaint in which they allege that the defendants, Birmingham Township and its supervisors, engaged in tortious conduct which caused the Thorpes to suffer mental anguish and distress and diminution of their good [140]*140reputation in the community.1 They describe as the vehicle of their injuries a letter dated October 15, 1979 composed and distributed by the supervisors purporting to explain events which occurred at a supervisors meeting held October 3, 1979. The letter which is attached as an exhibit to the Complaint, describes, without explicit censure of the Thorpes or other comment, negotiations conducted by the supervisors with the Thorpes looking, apparently, to the acquisition by the township of a public easement over lands owned by the Thorpes. The letter complained of states that these negotiations were unsuccessful and that the township was accordingly compelled to acquire the land by other means.
The defendants filed preliminary objections asserting inter alia that the Complaint failed to state a cause of action upon which relief could be granted, that the township and its supervisors were immune from suit by the terms of the Political Subdivision Tort Claims Act (Act),2 now at 42 Pa. C. S. §8541 et seq., and that the supervisors additionally have absolute immunity from suit. The court below sustained the preliminary objections of the township and its supervisors based on the Political Subdivision Tort Claims Act and, because it was unnecessary to do so, did not discuss the defendants’ other objections. We affirm.
The Thorpes here primarily argue that the Act, if construed so as to preclude the defendants’ liability for the alleged injury, is violative of a number of provisions of the United States Constitution and correspond[141]*141ing provisions of the Pennsylvania Constitution. These contentions are unavailing as the result of recent decisions of the Pennsylvania Supreme Court and this court, upholding the Act against the same challenges. Carroll v. County of York, Pa. , 437 A.2d 394 (1981); Robson v. Penn Hills School District, 63 Pa. Commonwealth Ct. 250, 437 A.2d 1273 (1981).
The Thorpes also renew the argument, rejected by the court below, that the Act, properly construed, does not provide immunity for the defendants. It is provided at 42 Pa. C. S. §8541 that
except as otherwise provided in this subchapter, no local agency shall be liable for any damages on account of any injury to a person or property caused by any act of the local agency or an employee thereof or any other person.
Birmingham Township is a local agency within the meaning of this provision. See 42 Pa. C. S. §8501. The circumstances under which a local agency is liable for damages to a person or his property are specified at 42 Pa. C. S. §8542(a) as follows:
Liability imposed.— A local agency shall be liable for damages on account of an injury to a person or property within the limits set forth in this subchapter if both of the following conditions are satisfied and the injury occurs as a result of one of the acts set forth in subsection (b):
(1) The damages would be recoverable under common law or a statute creating a cause of action if the injury were caused by a person not having available a defense under section 8541 (relating to governmental immunity generally) or section 8546 (relating to defense of official immunity); and
(2) The injury was caused by the negligent acts of the local agency or an employee thereof [142]*142acting within the scope of his office or duties with respect to one of the categories listed in subsection (b). As used in this paragraph, “negligent acts” shall not include acts or conduct which constitutes a crime, actual fraud, actual malice or willful misconduct.
Subsection (b), referred to above, provides that no act of a local agency or its employees will result in the imposition of liability unless the act is one of eight enumerated categories. These categories include, briefly, the operation of a motor vehicle in the possession or control of the local agency, the care, custody or control of personal property of others in the possession or control of the local agency, the care, custody or control of real property in the possession of the local agency (with certain exceptions), dangerous conditions of trees, traffic signs, lights or other traffic controls, street lights or street lighting systems under the care, custody or control of the local agency, dangerous conditions of steam, sewer, water, gas or electric system facilities owned by the local agency, dangerous conditions of streets owned by the local agency, dangerous conditions of sidewalks within the rights-of-way of streets owned by the local agency, and the care, custody or control of animals in the possession or control of a local agency. Finally, at 42 Pa. C. S. §8545 it is provided that employees of a local agency (which term includes any member of the governing body) are “liable for civil damages on account of any injury to a person or property caused by acts of the employee which are within the scope of his office or duties only to the same extent as his employing local agency....” The Thorpes’ Complaint contains the following averments:
8. That on or about October 15, 1979 the Defendants acting individually and also in concert with each other and within their scope of [143]*143authority published a letter to numerous people in Birmingham Township, a copy of this letter is attached hereto, made a part hereof and marked Exhibit “A”.
7. That as a result of the letter the Plaintiffs’ right to seclusion and solitude was illegally and unlawfully breached causing mental distress to the Plaintiffs.
8. That as a result of the letter the Plaintiffs’ right of privacy in their private affairs were unlawfully and illegally made public thereby causing Plaintiffs mental anguish and distress.
9. That as a result of the publicity caused by the letter the Plaintiffs were put in a false light in the public eye thereby attempting to damage Plaintiffs reputation.
10. That as a result of the letter published to Plaintiffs’ friends and neighbors, Plaintiffs suffered mental anguish and distress.
11. That the Plaintiffs believe and therefore aver that the letter of October 15, 1979 was published maliciously by the Defendants, individually and collectively and in their capacity of Supervisors of Birmingham Township.
Compensatory damages in the amount of Ten Thousand Dollars and punitive damages in the like amount are demanded.
It is clear, and the Thorpes concede this, that the activity of which they complain —the publication of the October 15, 1979, letter — is not an act within any of the eight categories enumerated in 42 Pa. C. S. §8542(b). We must, therefore, affirm the lower court’s dismissal of the Complaint with respect to the township defendant.
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Opinion by
Judge Rogers,
George M. Thorpe and Judith B. Thorpe, his wife, appeal from an order of the Court of Common Pleas of Delaware County, dismissing their Complaint in which they allege that the defendants, Birmingham Township and its supervisors, engaged in tortious conduct which caused the Thorpes to suffer mental anguish and distress and diminution of their good [140]*140reputation in the community.1 They describe as the vehicle of their injuries a letter dated October 15, 1979 composed and distributed by the supervisors purporting to explain events which occurred at a supervisors meeting held October 3, 1979. The letter which is attached as an exhibit to the Complaint, describes, without explicit censure of the Thorpes or other comment, negotiations conducted by the supervisors with the Thorpes looking, apparently, to the acquisition by the township of a public easement over lands owned by the Thorpes. The letter complained of states that these negotiations were unsuccessful and that the township was accordingly compelled to acquire the land by other means.
The defendants filed preliminary objections asserting inter alia that the Complaint failed to state a cause of action upon which relief could be granted, that the township and its supervisors were immune from suit by the terms of the Political Subdivision Tort Claims Act (Act),2 now at 42 Pa. C. S. §8541 et seq., and that the supervisors additionally have absolute immunity from suit. The court below sustained the preliminary objections of the township and its supervisors based on the Political Subdivision Tort Claims Act and, because it was unnecessary to do so, did not discuss the defendants’ other objections. We affirm.
The Thorpes here primarily argue that the Act, if construed so as to preclude the defendants’ liability for the alleged injury, is violative of a number of provisions of the United States Constitution and correspond[141]*141ing provisions of the Pennsylvania Constitution. These contentions are unavailing as the result of recent decisions of the Pennsylvania Supreme Court and this court, upholding the Act against the same challenges. Carroll v. County of York, Pa. , 437 A.2d 394 (1981); Robson v. Penn Hills School District, 63 Pa. Commonwealth Ct. 250, 437 A.2d 1273 (1981).
The Thorpes also renew the argument, rejected by the court below, that the Act, properly construed, does not provide immunity for the defendants. It is provided at 42 Pa. C. S. §8541 that
except as otherwise provided in this subchapter, no local agency shall be liable for any damages on account of any injury to a person or property caused by any act of the local agency or an employee thereof or any other person.
Birmingham Township is a local agency within the meaning of this provision. See 42 Pa. C. S. §8501. The circumstances under which a local agency is liable for damages to a person or his property are specified at 42 Pa. C. S. §8542(a) as follows:
Liability imposed.— A local agency shall be liable for damages on account of an injury to a person or property within the limits set forth in this subchapter if both of the following conditions are satisfied and the injury occurs as a result of one of the acts set forth in subsection (b):
(1) The damages would be recoverable under common law or a statute creating a cause of action if the injury were caused by a person not having available a defense under section 8541 (relating to governmental immunity generally) or section 8546 (relating to defense of official immunity); and
(2) The injury was caused by the negligent acts of the local agency or an employee thereof [142]*142acting within the scope of his office or duties with respect to one of the categories listed in subsection (b). As used in this paragraph, “negligent acts” shall not include acts or conduct which constitutes a crime, actual fraud, actual malice or willful misconduct.
Subsection (b), referred to above, provides that no act of a local agency or its employees will result in the imposition of liability unless the act is one of eight enumerated categories. These categories include, briefly, the operation of a motor vehicle in the possession or control of the local agency, the care, custody or control of personal property of others in the possession or control of the local agency, the care, custody or control of real property in the possession of the local agency (with certain exceptions), dangerous conditions of trees, traffic signs, lights or other traffic controls, street lights or street lighting systems under the care, custody or control of the local agency, dangerous conditions of steam, sewer, water, gas or electric system facilities owned by the local agency, dangerous conditions of streets owned by the local agency, dangerous conditions of sidewalks within the rights-of-way of streets owned by the local agency, and the care, custody or control of animals in the possession or control of a local agency. Finally, at 42 Pa. C. S. §8545 it is provided that employees of a local agency (which term includes any member of the governing body) are “liable for civil damages on account of any injury to a person or property caused by acts of the employee which are within the scope of his office or duties only to the same extent as his employing local agency....” The Thorpes’ Complaint contains the following averments:
8. That on or about October 15, 1979 the Defendants acting individually and also in concert with each other and within their scope of [143]*143authority published a letter to numerous people in Birmingham Township, a copy of this letter is attached hereto, made a part hereof and marked Exhibit “A”.
7. That as a result of the letter the Plaintiffs’ right to seclusion and solitude was illegally and unlawfully breached causing mental distress to the Plaintiffs.
8. That as a result of the letter the Plaintiffs’ right of privacy in their private affairs were unlawfully and illegally made public thereby causing Plaintiffs mental anguish and distress.
9. That as a result of the publicity caused by the letter the Plaintiffs were put in a false light in the public eye thereby attempting to damage Plaintiffs reputation.
10. That as a result of the letter published to Plaintiffs’ friends and neighbors, Plaintiffs suffered mental anguish and distress.
11. That the Plaintiffs believe and therefore aver that the letter of October 15, 1979 was published maliciously by the Defendants, individually and collectively and in their capacity of Supervisors of Birmingham Township.
Compensatory damages in the amount of Ten Thousand Dollars and punitive damages in the like amount are demanded.
It is clear, and the Thorpes concede this, that the activity of which they complain —the publication of the October 15, 1979, letter — is not an act within any of the eight categories enumerated in 42 Pa. C. S. §8542(b). We must, therefore, affirm the lower court’s dismissal of the Complaint with respect to the township defendant. With respect to the named supervisors, the Thorpes offer no reason why this case is not within the general rule of 42 Pa. C. S. §8545, above, to the [144]*144effect that the liability of the employees of local agencies is co-extensive with the liability of the local agency employer.
We note that at 42 Pa. C. S. §8550 there is created an exception to the immunity granted to an employee of a local agency where “it is judicially determined that the act of the employee caused the injury and that such action constituted a crime, actual fraud, actual malice or willful misconduct....” The Thorpes do not argue that this exception has any application to their action against the supervisors. Moreover, there is no allegation in the Complaint that the supervisors’ publication of the letter “constituted a crime, actual fraud, actual malice or willful misconduct.”
Paragraph 11 contains the conclusionary allegation that the letter “was published maliciously” but, of course, actual malice in this context requires that the defamatory publication be false and that it be published with, at least, a high degree of awareness of possible falsify on the part of the publisher. See St. Amant v. Thompson, 390 U.S. 727 (1968); New York Times Co. v. Sullivan, 376 U.S. 254 (1964). Here it is not alleged that the letter falsely described the negotiations between the township and the Thorpes or that the supervisors published the letter knowing it to be false, or with reason to doubt its truthfulness. In sum, 42 Pa. C. S. §8550 is inapplicable and the supervisors, like the township, are here immune from suit.
Order affirmed.
Order
An© Now, this 5th day of August 1982, the order of the Court of Common Pleas of Delaware County in the above-captioned matter is affirmed.
Judges Mencer and Palladino did not participate in the decision in this case.