Hall v. Kiger

795 A.2d 497, 2002 Pa. Commw. LEXIS 174
CourtCommonwealth Court of Pennsylvania
DecidedApril 4, 2002
StatusPublished
Cited by23 cases

This text of 795 A.2d 497 (Hall v. Kiger) 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
Hall v. Kiger, 795 A.2d 497, 2002 Pa. Commw. LEXIS 174 (Pa. Ct. App. 2002).

Opinions

OPINION BY

Senior Judge DOYLE.

The present appeal and cross-appeal from the Common Pleas Court of Allegheny County arise from events which occurred at a Lincoln Borough (Allegheny County) Council meeting on August 15, 1995. During that meeting, William Kiger (Appellant and Cross-Appellee), a member of Lincoln Borough Council, presented a report that responded to claims that Lawrence Hall (Appellee and Cross-Appellant), a citizen of Lincoln Borough, made at a prior council meeting held sometime in 1994. At that council meeting, Hall had asserted that the Borough’s Chief of Police had been charged with raping a young girl many years before. The record indicates that an incident at a more recent council meeting held in July 1995, may have reignited the issue Hall raised the previous year. At that 1995 meeting, Hall’s attorney posed the question to the council regarding whether the Police Chief had ever been convicted of or pled guilty to a crime.

In response to Hall’s allegations, Councilman Kiger initiated an investigation of those charges against the Police Chief. At the August 15, 1995, meeting, Councilman Kiger read aloud a prepared report concerning the Police Chief that Kiger and other borough representatives had drafted. That report informed those present at the meeting that Hall’s claims regarding the Police Chief related to a paternity matter for which the Chief had accepted responsibility in 1958 when he was eighteen years old. However, after explaining that circumstance as the basis of Hall’s allegations, Councilman Kiger went further and introduced information regarding Hall’s alleged reputation for physical abuse. Councilman Kiger stated that, within the previous five years, Hall had been physically abusive to his wife and daughter-in-law, which had prompted family members to seek protection-from-abuse (PFA) orders.

Hall then filed a civil suit for defamation action against Councilman Kiger, and others, in the Common Pleas Court of Allegheny County.2 The trial judge presiding [499]*499over the proceeding denied admission into the record for consideration by the jury of copies of the PFA petitions purportedly filed by Hall’s wife and daughter-in-law. The trial court reasoned that those documents were inadmissible because they were not certified. In his defense of the defamation suit, Councilman Kiger introduced no evidence as to whether a judge had ever entered a PFA order. The jury ultimately concluded that the remarks Councilman Kiger made regarding Hall were false and defamatory, and awarded compensatory and punitive damages to Hall. Councilman Kiger filed post-trial motions seeking judgment notwithstanding the verdict (J.N.O.V.) and, alternatively, a new trial. The trial court denied those motions and affirmed the award of compensatory damages, but reversed the jury’s award of punitive damages.

In this appeal, Councilman Kiger seeks reversal of the trial court’s denial of his request for J.N.O.V. Alternatively, Councilman Kiger seeks a new trial. Hall, in his cross-appeal, seeks reinstatement of the jury’s award of punitive damages.

This Court’s standard of review from a trial court’s order denying a litigant’s motion for J.N.O.V. is limited to determining whether the trial court abused its discretion or erred as a matter of law. Moore v. City of Philadelphia, 131 Pa.Cmwlth. 586, 571 A.2d 518 (1990), petition for allowance of appeal denied, 527 Pa. 589, 588 A.2d 511 (1991). Additionally, we must view the record in the light most favorable to the verdict winner, giving him every reasonable inference. Id.

For the reasons that follow, this Court concludes that the trial court erred in not granting Councilman Kiger’s post-trial motion seeking J.N.O.V.

Councilman Kiger first contends that his status as a borough councilman entitles him to raise the defense of absolute privilege with regard to his statements concerning Hall, even if they were false and defamatory.

The doctrine of absolute privilege for high public officials has been described as follows:

[A]s its name implies, [the doctrine of absolute privilege] is unlimited, and exempts a high public official from all civil suits for damages arising out of false defamatory statements and even from statements or actions motivated by malice, provided the statements are made or the actions are taken in the coarse of the official’s duties or powers and within the scope of his authority, or as it is sometimes expressed, within his jurisdiction ....

Matson v. Margiotti, 371 Pa. 188, 193-94, 88 A.2d 892, 895 (1952).

The grant of an absolute privilege to public officials serves the practical function of protecting a high public official from the “expense, publicity, and danger of defending the good faith of his public actions before the jury[J” while also serving the “deeper purpose” of protecting “society’s interest in the unfettered discharge of public business and in full public knowledge of the facts and conduct of such [500]*500business.” Montgomery v. City of Philadelphia, 392 Pa. 178, 183, 140 A.2d 100, 103 (1958).

As noted by the Pennsylvania Superior Court in McKibben v. Schmotzer, 700 A.2d 484 (Pa.Super.1997), our courts, in applying the doctrine of absolute privilege, have sought to balance the societal interest of encouraging full and uninhibited participation by public officials in public business against the interest individuals have in protecting their reputation from false representations by public officials.

In seeking to accommodate these divergent interests, the courts have concluded that only high public officials should be entitled to claim absolute privilege as a defense. Matson. Accordingly, this court must first consider whether Councilman Kiger, in his capacity as a borough councilman, is a high public official. If we conclude that he is a high public official, we must then consider whether he made his statements regarding Hall in the course of his official duties. Id.

In Montgomery, our Supreme Court indicated the factors which courts should consider in determining whether an official is a high public official, and that they would include the nature of his duties, the importance of his office, and whether he has policy-making powers.

The duties and powers conferred upon borough council members under Sections 1005 and 1006 of The Borough Code,3 53 P.S. §§ 46005 and 46006, necessitate the exercise of both legislative and policy-making powers. These important aspects of the position of councilman quite easily fall within the characteristics set forth in Montgomery. Accordingly, Councilman Kiger’s status is that of a high public official, which accords him the right to raise the defense of absolute privilege.

The next question this court must answer is whether Councilman Kiger acted within the scope of his authority or whether he exceeded his authority such as to make the claim of absolute privilege unavailable to him in his defense against Hall’s defamation action.

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Hall v. Kiger
795 A.2d 497 (Commonwealth Court of Pennsylvania, 2002)

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Bluebook (online)
795 A.2d 497, 2002 Pa. Commw. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-kiger-pacommwct-2002.