Malia v. Monchak

47 Pa. D. & C.3d 415, 1986 Pa. Dist. & Cnty. Dec. LEXIS 33
CourtPennsylvania Court of Common Pleas, Luzerne County
DecidedJuly 14, 1986
Docketno. 5058-C of 1985
StatusPublished

This text of 47 Pa. D. & C.3d 415 (Malia v. Monchak) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Luzerne County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Malia v. Monchak, 47 Pa. D. & C.3d 415, 1986 Pa. Dist. & Cnty. Dec. LEXIS 33 (Pa. Super. Ct. 1986).

Opinion

TOOLE, J.,

We are presented here with preliminary objections filed by defendants in this defamation action. Plaintiffs, Kenneth Mafia and his wife, Deborah, filed a five-count complaint based on alleged defamatory statements made about plaintiff Kenneth Mafia, vice principal of the Northwest Area Junior-Senior High School. Defendants are the principal (Monchak), superintendent (Vollbrecht), and nine members of the Northwest Area School Board.

Plaintiffs allege in their complaint that in June 1985 defendant Monchak, as principal, issued a written evaluation of plaintiff Kenneth Mafia’s performance as vice principal and assigned him an “unsatisfactory” rating. In addition, it is alleged that defendant Monchak’s written comments and anecdotal records characterized plaintiff as “insubordinate” and “inattentive,” and his performance as “inept.”

Defendant Vollbrecht allegedly affixed his signature to defendant Monchak’s written evaluation of [416]*416plaintiff, thereby affirming the “unsatisfactory” rating, and also allegedly recommended to the Northwest Area School Board that plaintiff be discharged as vice principal.

At two informal meetings before the school board (July 8 and July 23, 1985), the aforementioned statements were presented to the board, at which time plaintiff was afforded the opportunity to respond to them. The board decided public hearings should be held on the decision to terminate plaintiffs employment. It is that decision which plaintiffs allege gives rise to a cause of action against the defendant school board mernbers. Over plaintiffs’ counsel’s objection that in the absence of a predisposition on the part of the school board to terminate plaintiffs employment, no public hearing should be held, a hearing was held on October 3, 1985, attended by the general public. The alleged defamatory statements were communicated to those attending the hearing. On November 18, 1.985, at a regularly advertised public meeting, the school board voted to dismiss the termination proceedings instituted against plaintiff Kenneth Malia.

Immediately following the November 18 meeting, it is alleged, defendant board member Saxe made a statement that plaintiff Kenneth Malia was “grossly insubordinate” and defendant board member Hardy, referring to the general turmoil and dissension affecting the school, said to plaintiff Kenneth Malia, “You’re the cause of all this.”

Plaintiffs allege the statements made were untrue and motivated by malicious personal animosity. As a proximate result of the aforementioned defamatory-statements, it is alleged that plaintiff Kenneth Malia has been deprived of his good name and personal and professional reputation. Plaintiff Deborah Malia has allegedly suffered emotionally and physically [417]*417debilitating consequences requiring medical intervention and treatment.

Defendants have demurred to each of the five counts and have offered several reasons in support thereof. As to all defendants, it is contended that judicial immunity and “high public official” immunity shield them from liability. It is also contended that as to defendant Vollbrecht and defendant school board members, they are protected by legislative immunity. Next, as to all defendants, it is contended that the statements made constitute mere opinion and are, therefore, not actionable. Further, it is argued that defendant Vollbrecht and defendant school board members cannot be held vicariously liable for any defamatory statements made by defendant Monchak merely because the rating was approved and a full evidentiary hearing scheduled. Nor can the board be liable to plaintiffs since they issued no statements. Lastly, defendants contend that any alleged defamatory statements impute no misconduct to plaintiff Deborah Mafia, and therefore she has no cause of action.

Although the law of demurrers in Pennsylvania is well-settled, we briefly note the general principles. Every well-pleaded, material, relevant fact set forth in the complaint, together with all reasonable inferences deducible therefrom, is admitted as true. A demurrer can be sustained only where the complaint shows with certainty that upon the facts averred therein, the law will not permit the plaintiff to recover. Del Boring Tire Service Inc. v. Barr Machine Inc., 285 Pa. Super. 66, 426 A.2d 1143, 1146 (1981). With the foregoing standard of review in mind, we turn to address whether the law will permit the plaintiffs herein to recover.

While we are somewhat confused as to the defenses being raised as well as to whom they are [418]*418being assigned, we have reviewed each of them and have made our own conclusions as to the propriety of the defenses available to a particular defendant or defendants. In their accompanying brief, defendants speak of absolute privilege and cite us to various sections of the Pennsylvania Public School Code, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §1-101 et seq. Our own review of judicial immunity and absolute privilege concepts leads us to conclude that all of the defendants, as school officials acting in the discharge of their statutory duty to rate plaintiff, should be accorded absolute privilege.1 We find Procopio v. Shamokin Area School District and News Publishing and Printing Co., 48 Northumb. L.J. 249 (1976), particularly instructive and supportive of our position.

In Procopio, a case strikingly similar to the instant one, an untenured teacher instituted two libel actions against the Shamokin Area School District. On two separate occasions, he alleged, the director of elementary education, who was also the assistant superintendent, acting as agent of the school district, rated plaintiff’s performance as unsatisfactory and then circulated the rating slips to the superintendent. The teacher claimed the ratings were, inter alia, false, defamatory and malicious. Subsequently, one of the rating slips was published to the board of education resulting in the denial of a contract of permanent employment to plaintiff. The complaint further alleged that a public hearing was held, at the teacher’s request, to review the basis of the [419]*419board of education’s decision not to renew his employment contract and, further, that the school district’s legal officer prepared a report of the hearing which included the false statements concerning the teacher. By demurrer, the school district asserted that the activities of the school officials were statutory duties, peformed within the scope of their authority and in the exercise of governmental and administrative functions of the school district, and therefore absolutely privileged.

The Northumberland County Court began by noting the absolute privilege or complete immunity from liability in a defamation action has been accorded to certain government officials in the discharge of their duties. The rationale was explained in this way:

“The rationale for such protection is expressed in considerations of public policy: ‘It has been thought important that officials of .government should be free to exercise their duties unembarrassed by the fear of damage suits in respect of acts done in the course of those duties — suits which would consume time and energies which would, otherwise be devoted to governmental service and the threat of which might appreciably inhibit the fearless, vigorous, and effective administration of policies of government.’ Barr v. Matteo,

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Related

Braig v. Field Communications
456 A.2d 1366 (Superior Court of Pennsylvania, 1983)
Montgomery v. Philadelphia
140 A.2d 100 (Supreme Court of Pennsylvania, 1958)
Del Boring Tire Service, Inc. v. Barr MacHine, Inc.
426 A.2d 1143 (Superior Court of Pennsylvania, 1981)
Baker v. Lafayette College
504 A.2d 247 (Supreme Court of Pennsylvania, 1986)
Barr v. Matteo
360 U.S. 564 (Supreme Court, 1959)

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Bluebook (online)
47 Pa. D. & C.3d 415, 1986 Pa. Dist. & Cnty. Dec. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malia-v-monchak-pactcomplluzern-1986.