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McCormick et al. v. Specter

Superior Court of Pennsylvania
Mar 23, 1971
220 Pa. Super. 19 (Pa. Super. Ct. 1971)

Summary

holding that District Attorney's comments during press conference regarding an on-going investigation of plaintiffs' business dealings with the City of Philadelphia may have been "excessive," but were nonetheless "closely related" to a matter pending in his office and thus within the scope of the privilege.

Summary of this case from Price v. Baldwin

Opinion

December 11, 1970.

March 23, 1971.

Torts — Slander — Absolute privilege — High public officials — Statements or actions taken in course of official's duties or powers — Press conference of district attorney.

1. 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 taken in the course of the official's duties or powers and within the scope of his authority or within his jurisdiction.

2. The absolute privilege is limited to those statements and actions which are in fact closely related to the performance of those official duties.

3. In this case it was Held that a press conference of the district attorney was a proper undertaking of that office and statements there made by that public official were within the scope of absolute privilege.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

Appeal, No. 1756, Oct. T., 1970, from order of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1969, No. 4866, in case of Thomas J. McCormick and Paul G. Taylor, individually and as partners, trading as McCormick, Taylor Associates v. Arlen Specter. Order affirmed.

Trespass for libel and slander.

Order entered granting motion by defendant for summary judgment, opinion by SLOANE, J. Plaintiffs appealed.

John T. Clary, with him Thomas J. Mullaney, for appellants.

John Rogers Carroll, with him James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for appellee.


Argued December 11, 1970.


This is an appeal from an order of September 15, 1970, in the Court of Common Pleas of Philadelphia, granting summary judgment in favor of appellee Arlen Specter as District Attorney of Philadelphia County, against appellants Thomas J. McCormick and Paul G. Taylor individually and as partners trading as McCormick, Taylor Associates. Appellants instituted an action in trespass against appellee, charging him with libel and slander by reason of oral and recorded statements he had made in public on September 17, 1969. Appellee's defense was that since he made the statements in the exercise of his duties and in relation to matters pending in the District Attorney's office, they were protected by the absolute immunity accorded his high official position. See Montgomery v. Philadelphia, 392 Pa. 178, 140 A.2d 100 (1958); Matson v. Margiotti, 371 Pa. 188, 88 A.2d 892 (1952).

Two important contending interests are pertinent: the right of the individual to be secure in his reputation and the need of society for the free performance and full disclosure of its governmental business. In Matson, supra, the Supreme Court stated: "Absolute privilege, 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." [Citations omitted.] 371 Pa. at 193-94.

Our Supreme Court has never enunciated any test or standard to determine when a "high public official" is acting within the scope of his "official duties". Here, we find that appellee's 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. Thus, given the great potential for harm, the privilege must be limited to those statements and actions which are in fact "closely related" to the performance of those official duties. Although the difficulties in application are readily apparent, such a test at least provides some guidance for the trial court's determination of when a "high public official's" statement or actions fall within the scope of absolute privilege.

Appellants concede that the Philadelphia District Attorney's office should be regarded as a "high public office."

Applying the above "test" to the press conference at issue, it is clear that summary judgment was properly granted. Here, the District Attorney was involved in an on-going investigation of appellants' business dealings with the City of Philadelphia. Although some of his comments may have been excessive, they were nonetheless "closely related" to a matter pending in his office and thus within the scope of the privilege.

The order of the lower court is affirmed.


Summaries of

McCormick et al. v. Specter

Superior Court of Pennsylvania
Mar 23, 1971
220 Pa. Super. 19 (Pa. Super. Ct. 1971)

holding that District Attorney's comments during press conference regarding an on-going investigation of plaintiffs' business dealings with the City of Philadelphia may have been "excessive," but were nonetheless "closely related" to a matter pending in his office and thus within the scope of the privilege.

Summary of this case from Price v. Baldwin

holding that even though a district attorney's statements regarding an ongoing investigation by the city may have been excessive, they were nonetheless closely related to a matter pending within his office and thus within the scope of the privilege

Summary of this case from Mollan v. Lindner

holding that even though a district attorney's statements regarding an ongoing investigation by the city may have been excessive, they were nonetheless closely related to a matter pending within his office and, thus, within the scope of the privilege

Summary of this case from Herdelin v. Chitwood

finding the district attorney was immune from libel and slander claims as a high public official when acting within his official duties

Summary of this case from Fraternal Order of Police Lodge No. 5 v. The City of Philadelphia

finding the district attorney was immune from libel and slander claims as a high public official when acting within his official duties

Summary of this case from Fraternal Order of Police Lodge No. 5 v. City of Phila.

finding DA immune as a high public official when acting within his official duties

Summary of this case from Lusick v. Abraham

In McCormick v. Spector, 275 A.2d 688 (Pa. Super. Ct. 1971), the Pennsylvania Superior Court emphasized that it is the public's interest rather than the interest of the official that supports the establishment of absolute immunity and explained that, "given the great potential for harm, the privilege must be limited to those statements and actions which are in fact 'closely related' to the performance of those official duties."

Summary of this case from Behne v. Halstead

In McCormick v. Specter, 220 Pa. Super. 19, 275 A.2d 688 (1971), this court held that remarks made by a public prosecutor at a press conference were absolutely privileged.

Summary of this case from Barto v. Felix

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.

Summary of this case from Barto v. Felix

In McCormick v. Specter, 220 Pa.Super. 19, 275 A.2d 688 (1971), the superior court emphasized that it was the public's interest, rather than the interest of the official, that supports the establishment of an absolute privilege. The court stated that "given the great potential for harm, the privilege must be limited to those statements and actions which are in fact `closely related' to the performance of those official duties."

Summary of this case from Osiris Enterprises v. Borough of Whitehall

In McCormick v. Specter, 275 A.2d 688 (Pa.Super. 1971), the Superior Court noted that our Supreme Court has never articulated a standard for determining when a high public official's acts are within the scope of his official duties.

Summary of this case from Hall v. Kiger
Case details for

McCormick et al. v. Specter

Case Details

Full title:McCormick et al., Appellants, v. Specter

Court:Superior Court of Pennsylvania

Date published: Mar 23, 1971

Citations

220 Pa. Super. 19 (Pa. Super. Ct. 1971)
275 A.2d 688

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