Lindner v. Mollan

Page 1194

677 A.2d 1194

544 Pa. 487

Stanley B. LINDNER, v. James F. MOLLAN, Appellee.

Supreme Court of Pennsylvania.

Argued Jan. 22, 1996.

Decided June 18, 1996.

[544 Pa. 489] Jon J. Auritt, Media, for S. B. Lindner.

William F. Holsten, II, Andrew J. Bellwoar, Media, for J.F. Mollan.

Michael I. Levin, Willow Grove, for amicus curiae Pa. School Boards Assoc.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION

NIGRO, Justice.

In this slander and libel action, Appellant Stanley B. Lindner appeals from the Order of the Commonwealth Court affirming the order of the Court of Common Pleas of Delaware County granting Appellee James F. Mollan's motion for summary judgment and dismissing Lindner's complaint with prejudice. We affirm.

The facts of this case are undisputed. At all times relevant, Appellant Lindner was Vice-President of the Yeadon Borough Council and Chairman of the Yeadon Borough Council's Finance Committee. Appellee Mollan was the Mayor of the Borough of Yeadon.

On March 5, 1992, the Borough Council held a regularly scheduled meeting in the Borough of Yeadon. Mayor Mollan attended the meeting. The Borough's budget deficit and financial affairs were under discussion when Mayor Mollan stated to Councilman Lindner, "And I'll say it right to your face; you're the village idiot.... You've been dipping into the till. I know for a fact. And you know I know." R.R. at 68a-69a. A local cable television station was videotaping the meeting for later broadcasting, and members of the print media and the general public were also in attendance.

Appellant filed a two-count civil action against Appellee alleging slander and libel. Appellee filed preliminary objections, which were dismissed. After discovery was completed, Appellee filed a motion for summary judgment. The Court of Common Pleas of Delaware County granted Appellee's motion on the ground that he was immune to this civil suit under the doctrine of absolute privilege afforded high public officials.

The Commonwealth Court affirmed the trial court's order granting Appellee's motion for summary judgment. The Commonwealth Court held that Appellee was a high public official eligible for absolute immunity from civil suit. The Commonwealth Court also found that since Appellee's remarks were made within the course of his duties and the scope of his authority as Mayor, the doctrine of absolute privilege for high public officials applied.

The two issues which we now address on appeal are (1) whether the doctrine of absolute privilege afforded high public officials remains the law in Pennsylvania and (2) whether Appellee's remarks were made within the course and scope of his authority as Mayor such that the doctrine of absolute privilege for high public officials applies in this case. We agree with the Commonwealth Court that Appellee is immune from this civil suit under the doctrine of absolute privilege afforded high public officials.

More than forty years ago in Matson v. Margiotti, 371 Pa. 188, 88 A.2d 892 (1952), this Court explained that the doctrine of absolute privilege for high public officials,

as its name implies, 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 course of the official's duties or powers and within the scope of his authority, or as it is sometimes expressed, within his jurisdiction.

Matson, 371 Pa. at 194, 88 A.2d at 895. The doctrine of absolute privilege "rests upon the * * * idea that conduct which otherwise would be actionable is to escape liability because the defendant is acting in furtherance of some interest of social importance, which is entitled to protection even at the expense of uncompensated harm to the plaintiff's reputation." Montgomery v. City of Philadelphia, 392 Pa. 178, 181, 140 A.2d 100, 102 (1958). This sweeping immunity is "not for the benefit of high public officials, but for the benefit of the public." Barto v. Felix, 250 Pa.Super. 262, 272, 378 A.2d 927, 932 (1977) (Spaeth, J., dissenting), appeal denied, 487 Pa. 455, 409 A.2d 857 (1980). Absolute privilege is

designed to protect the official from the suit itself, from the expense, publicity, and danger of defending the good faith of his public actions before the jury. And yet beyond this lies a deeper purpose, the protection of society's interest in the unfettered discussion of public business and in full public knowledge of the facts and conduct of such business.

Montgomery, 392 Pa. at 183, 140 A.2d at 103.

As such, absolute immunity for high public officials from civil liability is the only legitimate "means of removing any inhibition which might deprive the public of the best service of its officers and agencies." Id. Even though the innocent may sometimes suffer irreparable harm,

it has been found to be in the public interest and therefore sounder and wiser public policy to 'immunize' public officials, for to permit slander, or libel * * * suits where the official's charges turn out to be false, would be to deter all but the most courageous or the most judgment-proof public officials from performing their official duties.

Matson, 371 Pa. at 203, 88 A.2d at 899-900.

Appellant contends that Section 8550 of the Pennsylvania Political Subdivision Tort Claims Act ("PSTCA") expressly abrogates Appellee's immunity to civil suits arising out of false defamatory statements. Appellant argues that the plain language of Section 8550, when read in conjunction with the definition of "employee" in Section 8501 of the PSTCA, shows that for acts of "wilful misconduct" the legislature meant to abrogate the longstanding common law doctrine of absolute privilege for high public officials. ¹ We disagree.

If this Court were to adopt Appellant's argument, an irrational disparity would be produced in the immunities for Commonwealth and local agency employees. For example, high public officials who happen to receive their salary from the Commonwealth--such as the Governor--would be permitted to raise the defense of absolute immunity whereas high public officials who happen to receive their salary from a municipality--such as a Mayor--would not be permitted to raise the defense. Such an interpretation of Section 8550 of the PSTCA would produce an "absurd or unreasonable result," which, under the rules of statutory construction, we must presume that the legislature did not intend. See Goodman v. Kennedy, 459 Pa. 313, 326-27, 329 A.2d 224, 231 (1974) (rejecting appellant's interpretation of a Pennsylvania criminal statute because it would lead to an "absurd or unreasonable result" which the legislature did not intend). We are therefore unable to accept Appellant's argument.

This Court has never called into question, much less overruled, the common law doctrine of absolute privilege for high public officials. Moreover, our lower courts have consistently relied upon the doctrine. See, e.g., Mosley v. Observer Publishing Company, 422 Pa.Super. 255, 261, 619 A.2d 343, 346 (1993) (quoting Matson ), appeal denied, 535 Pa. 622, 629 A.2d 1382 (1993); Yakowicz v. McDermott, 120 Pa.Cmwlth. 479, 484, 548 A.2d 1330, 1332 (1988) (same), appeal denied, 523 Pa. 644, 565 A.2d 1168 (1989); Rok v. Flaherty, 106 Pa.Cmwlth. 570, 572, 527 A.2d 211, 212 (1987) (same), appeal denied, 517 Pa. 628, 538 A.2d 880 (1988); DeSantis v. Swigart, 296 Pa.Super. 283, 286-87, 442 A.2d 770, 772 (1982) (same); Barto v. Felix, 250 Pa.Super. 262, 267, 378 A.2d 927, 929 (1977) (citing Matson and Montgomery ); McCormick v. Specter, 220 Pa.Super. 19, 21, 275 A.2d 688, 689 (1971) (quoting Matson ).

Furthermore, our courts have agreed that Section 8550 of the PSTCA does not abrogate the common law doctrine of absolute privilege for high public officials. See Suppan v. Kratzer, 660 A.2d 226 (Pa.Cmwlth.1995); Petula v. Mellody, 158 Pa.Cmwlth. 212, 220, 631 A.2d 762, 766 (1993); Factor v. Goode, 149 Pa.Cmwlth. 81, 87, 612 A.2d 591, 594 (1992), appeal denied, 533 Pa. 654, 624 A.2d 112 (1993). These courts have limited their application of Section 8550 of the PSTCA only to render an employee of a local government agency subject to civil suit for wilful misconduct, where that employee did not qualify as a "high public official" for purposes of the common law doctrine of absolute privilege. ²

In the leading case of Factor v. Goode, 149 Pa.Cmwlth. 81, 612 A.2d 591 (1992), appeal denied, 533 Pa. 654, 624 A.2d 112 (1993), a defamation suit was brought by two property owners against the Mayor of the City of Philadelphia and the Revenue Commissioner of the City of Philadelphia. In Factor, the Mayor and Revenue Commissioner held a press conference wherein they identified the twenty property owners with the highest delinquent real estate taxes, including the plaintiffs, and described them as "deadbeats" and "tax cheats" who think that "they're above the law." Factor, 149 Pa.Cmwlth. at 84, 612 A.2d at 592. The issue before the Commonwealth Court in Factor was whether the Mayor and Revenue Commissioner were entitled to absolute immunity for making allegedly defamatory remarks against the plaintiffs.

Explaining that the Mayor and the Revenue Commissioner were undeniably "high public officials," the Commonwealth Court in Factor held that these two officials were immune from a defamation action because Section 8550 of the PSTCA did not abrogate the absolute privilege afforded high public officials. The Factor court explained that its review of those cases discussing Section 8550 of the PSTCA "reveal[ed] no instance in which it [was] applied to defeat the absolute privilege of a high public official, as Appellants suggest." Factor, 149 Pa.Cmwlth. at 87, 612 A.2d at 594. The Factor court concluded that Section 8550 of the PSTCA has "no bearing on the common law absolute privilege regarding high...