Balletta v. Spadoni

47 A.3d 183, 2012 WL 2149743, 2012 Pa. Commw. LEXIS 178
CourtCommonwealth Court of Pennsylvania
DecidedJune 14, 2012
StatusPublished
Cited by47 cases

This text of 47 A.3d 183 (Balletta v. Spadoni) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Balletta v. Spadoni, 47 A.3d 183, 2012 WL 2149743, 2012 Pa. Commw. LEXIS 178 (Pa. Ct. App. 2012).

Opinions

OPINION BY

Judge SIMPSON.

In this appeal from a dismissal of a complaint raising defamation claims, Victor and Stephanie Balletta, Michael and Susan Proetto, and Michael Reis (collectively, Appellants) ask whether the Court of Common Pleas of Northampton County (trial court) erred in sustaining the preliminary objections filed by the Northampton County Solicitor’s Office, the Northampton County Sheriffs Office, Assistant County Solicitor Christopher Spadoni, and Deputy Sheriff Dave Ruberry (collectively, Appel-lees). Appellants contend the trial court erred in: (1) failing to recognize the existence of a cause of action for monetary damages pursuant to Article I, Section 1 of the Pennsylvania Constitution based on injury to reputation; (2) determining Appel-lees were entitled to an immunity-based dismissal of Appellants’ suit; (3) concluding that Appellants’ averments were legally insufficient to state a claim for defamation as set forth in Section 8348 of the Judicial Code, 42 Pa.C.S. § 8343, and case law; (4) denying Appellants leave to amend their complaint; and, (5) dismissing Appellants’ derivative loss of consortium claims. Upon review, we affirm.

I. Factual and Procedural Background

Through their Third Amended Civil Action Complaint,1 Appellants aver the following facts.2 On October 10, 2008, Appellants Michael Proetto, Michael Reis, and Victor Balletta sought to purchase property at a Northampton County Sheriffs sale. They arrived at the sale and attempted to submit bids on nine foreclosed properties. However, Deputy Sheriff Dave Ruberry ignored the bids because they were not predicated on credit. Instead, as they indicated in advance of the sale, Proetto, Reis, and Balletta intended to purchase the foreclosed properties with gold and silver. Prior to the sale, no one advised Appellants that their bids in gold and silver would not be accepted. Five days after the sale, Appellants sent the Northampton County Sheriffs Office affi[189]*189davits further memorializing their bids on the nine properties.

On October 29, 2008, The Morning Call newspaper published, in print and online, an article about Appellants’ failed attempts to purchase the foreclosed properties. Reproduced Record (R.R.) at 159a-60a. The article included statements from Appellant Michael Proetto and Appellees Deputy Sheriff Ruberry and Assistant Solicitor Spadoni. In relevant part, the article stated:

• “Ruberry thinks [that Appellants] are anarchists ... [Ruberry] speculated the three men might be part of an anarchist movement engaging in a paper terrorism’ campaign to clog the courts.” R.R. at 160a.
• “Spadoni ... said they may simply be opportunists. Most of the properties the men made unsuccessful bids on were bought by the banks holding the mortgages. By challenging the sales, the men could hold up the bank’s ability to sell the property for up to two years, Spadoni said.” Id.
• “Ruberry believes the men may be fellow travelers of antigovernment groups such as the Sovereign Citizen, Posse Comitatus and Liberty Dollar movements that believe paper money is not legal tender.” Id.
• “Proetto said while he and his colleagues may hold similar philosophies to those organized groups, they are not associated with any of them and are not on an anti-government campaign.... We’re just three guys trying to buy $4 million worth of property with gold and silver — the only real money that was bid.” Id.

In the article, Proetto also stated the successful bids, which were offered in “illegitimate paper money” used “worthless paper money backed by nothing more than black ink.” R.R. at 159a.

Appellants further averred, “[c]ommenc-ing on or about October 28, 2008 and continuing thereafter, [Appellees] made and published newspaper and internet stories defaming [Appellants]. [Appellees] falsely stated and implied that [Appellants] were terrorists, anarchists, and members of anti-government and extremist groups.... ” R.R. at 144a. Appellants allege Appellees made these statements “in an attempt to, [among other things], create a false impression of [Appellants] so as to de facto preclude [Appellants] from future sales.” Id.

Appellants further alleged Appellees’ statements were false, that Appellees made their statements intentionally or with reckless disregard for the truth, resulting in injury to Appellants. Specifically, Appellants averred, since The Morning Call printed the defamatory statements, Appellants: “have been threatened; approached by extreme/radical groups mentioned in the [ajrticle; have lost business opportunities, had their endangered families [sic]; Proetto requires psychiatric care; and[,] Balletta purchased firearms for protection.” R.R. at 144a-45a.

Based on these averments, Count I of Appellants’ complaint alleged a claim for “DEFAMATION/PENNSYLVANIA CONSTITUTIONAL CLAIM” premised on Article I, Section 1 of the Pennsylvania Constitution. Additionally, Appellants Stephanie Balletta and Susan Proetto alleged claims for loss of consortium. Based on these claims, Appellants sought the following relief: an injunction (including monitoring and education); statutory damages; compensatory damages; and, punitive damages.

Appellees responded by filing preliminary objections in the nature of a demurrer. They also asserted immunity from suit under the act commonly known as the [190]*190Political Subdivision Tort Claims Act (Tort Claims Act). See 42 Pa.C.S. §§ 8541-8542.

Ultimately, the trial court issued an opinion and order in which it sustained Appellees’ preliminary objections. More particularly, the trial court rejected Appellants’ claim that the Pennsylvania Constitution creates a private right of action for defamation. The trial court noted that Pennsylvania courts consistently hold that Article I, Section 1 of the Pennsylvania Constitution provides Pennsylvania citizens with certain guarantees, including the right to reputation, of which the government may not deprive them without due process. See Erdman v. Mitchell, 207 Pa. 79, 56 A. 327 (1903). However, the trial court stated, Pennsylvania courts have not interpreted the Pennsylvania Constitution as a self-executing basis for a defamation suit. Further, even if the Pennsylvania Constitution created such a cause of action, the trial court explained, Appellants’ claim could not proceed because neither statute nor case law authorizes an award of monetary damages for a violation of the Pennsylvania Constitution. See Jones v. City of Phila., 890 A.2d 1188 (Pa.Cmwlth. 2006) (en banc).

As to Appellants’ defamation claims against the Sheriffs Office and the Solicitor’s Office that were not based on the Pennsylvania Constitution, the trial court held these entities were immune from suit under the Tort Claims Act. Similarly, the trial court determined Deputy Sheriff Ru-berry and Assistant Solicitor Spadoni were immune from suit under the Tort Claims Act. To that end, the trial court stated Appellants did not allege that Deputy Sheriff Ruberry or Assistant Solicitor Spa-doni acted in their individual capacities or otherwise acted outside the scope of their official duties.

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Bluebook (online)
47 A.3d 183, 2012 WL 2149743, 2012 Pa. Commw. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balletta-v-spadoni-pacommwct-2012.