Barto v. Felix

378 A.2d 927, 250 Pa. Super. 262, 1977 Pa. Super. LEXIS 2512
CourtSuperior Court of Pennsylvania
DecidedOctober 6, 1977
Docket126
StatusPublished
Cited by63 cases

This text of 378 A.2d 927 (Barto v. Felix) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barto v. Felix, 378 A.2d 927, 250 Pa. Super. 262, 1977 Pa. Super. LEXIS 2512 (Pa. Ct. App. 1977).

Opinions

PRICE, Judge:

This case is on appeal from the lower court’s order sustaining appellee’s preliminary objections in the nature of a demurrer to appellants’ complaint. For purposes of appellate review, we must regard the allegations in appellants’ complaint as true and accord them all the inferences reasonably deducible therefrom. Allstate Insurance Co. v. Fioravanti, 451 Pa. 108, 299 A.2d 585 (1973).

On March 1, 1974, Kim Lee Hubbard was found guilty by a jury of the murder of a twelve year old girl.1 His privately retained counsel thereafter filed post-trial motions but withdrew from the case before perfecting an appeal. Defendant-appellee John A. Felix, a member of the public defender’s office, was Hubbard’s appellate counsel. After filing his appellate brief for Hubbard, appellee called a press conference at which he related the contents of the brief. The brief, and thus appellee’s remarks at the press conference, contained defamatory material about appellants, who were state police officers involved in the investigation of the murder. The substance of appellee’s remarks were published in at least two Lycoming County newspapers. As a [266]*266result, appellants suffered grievous harm to their reputations and interference with the proper performance of their occupations. Appellants’ complaint in trespass requested damages in excess of ten thousand dollars for each officer.

The lower court found that appellee was a “high public official” entitled to absolute immunity for defamatory utterances made in his official capacity. Furthermore, the court found that the remarks in this case were closely related to appellee’s official duties and therefore were entitled to protection. Finally, the court held that appellee was absolutely privileged to repeat matters which were of public record.

Preparatory to analyzing the factual-legal particulars of this case, it will be useful to consider some of the fundamental precepts relating to immunity from civil liability for defamation.

Judicial immunity is granted to judges, lawyers, witnesses, and all others directly involved in a judicial proceeding to make comments relevant to the proceeding. The immunity is absolute2 with respect to defamatory statements made in the pleadings or in the courtroom. Greenberg v. Aetna Insurance Co., 427 Pa. 511, 235 A.2d 576 (1967), cert. denied, 392 U.S. 907, 88 S.Ct. 2063, 20 L.Ed.2d 1366 (1968). The immunity applies only to relevant statements made in an official capacity. F. Harper and F. James, The Law of Torts § 5.22 (1956).

A second, related type of immunity is that accorded to high public officials. Public interest demands that high public officials be absolutely immune from liability for defamatory statements made in the course of their official duties. A liberal construction is applied to determine whether an action falls within the official’s duties. Thus, in [267]*267Matson v. Margiotti, 371 Pa. 188, 88 A.2d 892 (1952), the State Attorney General was held to have an absolute privilege to make defamatory statements to a local district attorney concerning the qualifications of one of the district attorney’s assistants.

The policy to be applied in determining the existence of this immunity is the importance of ensuring the public official’s freedom to act in areas of public interest. The threat of a potential civil suit for damages would unquestionably dampen a public official’s enthusiasm to act in certain situations, even though he entertained an honest belief that the public interest would be furthered by such actions. Public policy prefers that a public officer’s decisions be uninfluenced by such considerations, even at the expense of an individual’s priceless reputation. Montgomery v. Philadelphia, 392 Pa. 178, 140 A.2d 100 (1958).

A third type of immunity is based on the desirability of keeping the public informed. “When for the public good and interest of society a communication should be published it is said to be made on an ‘occasion of privilege’ and the defamatory statement is itself ‘qualifiedly’ or ‘conditionally’ privileged.” Montgomery v. Philadelphia, supra 392 Pa. at 181, 140 A.2d at 102, citing Restatement of Torts § 593 (1938). See also Sciandra v. Lynett, 409 Pa. 595, 187 A.2d 586 (1963). It is obvious that this last type of immunity is much broader in scope than judicial immunity or the immunity accorded high public officials, and that more diverse policy considerations can enter into determining whether immunity is appropriate in a given situation. Note, however, that while judicial and high public official immunities are absolute, an immunity based on keeping the public informed is qualified only. See note 2, supra.

Of course, a public defender, just as any other attorney, is entitled to judicial immunity. Any official papers filed with the court or any remarks made at a judicial proceeding by a public defender would be absolutely privileged. However, judicial immunity does not protect the [268]*268public defender in this case, for the remarks made by him at the press conference were not made at a judicial proceeding. They did not fall within the sphere of activities which judicial immunity was designed to protect. Restatement (Second) of Torts § 586 comment c. (1977); Harper and James, supra, § 5.22. Cf. Doe v. McMillan, 412 U.S. 306, 314 n. 8, 93 S.Ct. 2018, 36 L.Ed.2d 912 (1973) (“The republication of a libel, in circumstances where the initial publication is privileged, is generally unprotected.”).3

This does not mean that appellee’s remarks are entitled to no protection. A public defender necessarily enjoys the same qualified immunity that any other attorney (or any other individual) is accorded to publish information relative to a judicial proceeding. Binder v. Triangle Publications, Inc., 442 Pa. 319, 275 A.2d 53 (1971); Restatement (Second) of Torts § 611 (1977); Harper & James, supra, § 5.24. However, judicial immunity does not extend to remarks made outside the judicial sphere.

We also hold that a public defender is not entitled to the absolute immunity of a high public official. In McCormick v. Specter, 220 Pa.Super. 19, 275 A.2d 688 (1971), this court considered the liability of a district attorney for defamatory statements made to the press. In that case, the court concluded that the “press conference was a proper undertaking of that office on the basis that the reasonable performance of the District Attorney’s office warrants his informing the public of matters pending in that office. However, it must be emphasized that it is the public interest — not that of the official involved — which provides the rationale for the immunity.” 220 Pa.Super. at 21-22, 275 A.2d at 689.

Appellee contends that a public prosecutor and a public defender enjoy identical status, citing Brown v. Jo[269]*269seph,

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Bluebook (online)
378 A.2d 927, 250 Pa. Super. 262, 1977 Pa. Super. LEXIS 2512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barto-v-felix-pasuperct-1977.