Foster v. Pearcy, s. 1-577A113
Decision Date | 03 April 1979 |
Docket Number | 479S87,Nos. 1-577A113,s. 1-577A113 |
Citation | 387 N.E.2d 446,270 Ind. 533 |
Parties | Andrew FOSTER, Appellant, v. Noble PEARCY, Appellee. |
Court | Indiana Supreme Court |
Forrest Bowman, Jr., Indianapolis, for appellant.
John T. Davis, Indianapolis, for appellee.
Appellant filed this cause of action for libel against Leroy New and appellee Noble Pearcy. Pearcy moved to dismiss under TR 12(B)(6) for failure to state a claim upon which relief could be granted. The trial court granted the motion. The Court of Appeals reversed, holding that Pearcy as Prosecuting Attorney enjoyed only a qualified immunity for statements made to the press by him and his deputy Leroy New. Foster v. Pearcy (1978), Ind.App., 376 N.E.2d 1205. We grant transfer and reinstate the judgment of the trial court.
In 1974 Pearcy was Marion County Prosecuting Attorney and New was a deputy under him. During that year New presented evidence to the Marion County Grand Jury regarding an alleged narcotics smuggling ring. The grand jury returned an indictment against appellant Andrew Foster and others. The indictments were later dismissed because of procedural technicalities. A resubmission to the grand jury resulted in a no bill.
On September 7, 1974, according to the complaint, New told a reporter for the Indianapolis Star (1) that Foster had grossed $18,000 per week from his heroin business; (2) that Foster was part of a nationwide heroin ring; and (3) that the indictment was a result of a two-month investigation by local and federal authorities. New is also alleged to have stated on September 11, 1974, that the police knew the location of huge profits Foster had made during a two-year stint as the boss of the operation. Foster argued to the Court of Appeals that his complaint stated a valid cause of action against Pearcy under theories of respondeat superior and negligence in hiring and supervising New. The Court of Appeals accepted the former and rejected the latter. We reject both theories.
In 1896, this Court considered a case wherein a prosecuting attorney, in contravention of the grand jury's decision not to indict one Griffith, had secretly altered the indictment to include Griffith's name. Griffith subsequently was arrested but the charges were later dismissed. He then instituted an action against the prosecutor for libel and malicious prosecution. A unanimous Court stated:
Griffith v. Slinkard (1896), 146 Ind. 117, 121-2, 44 N.E. 1001, 1002.
The reasons for this rule were set forth by Judge Dewey in Hartsock v. Reddick (1842), 6 Blackf. 255:
The Supreme Court of the United States recently had occasion to address this issue in the case of Imbler v. Pachtman (1976), 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128. The Court characterized the problem as follows:
"Petitioner takes an overly simplistic approach to the issue of prosecutorial liability." 424 U.S. at 420-1, 96 S.Ct. at 990, 47 L.Ed.2d at 138.
After discussing Griffith v. Slinkard, supra, the Court stated that the "Griffith view on prosecutorial immunity became the clear majority rule on the issue." 424 U.S. at 422, 96 S.Ct. at 991, 47 L.Ed.2d at 138. While the Court refused to decide whether immunity under 42 U.S.C. § 1983 (1976), should be accorded to a prosecutor while acting in an investigative or administrative capacity, the Court did hold that the prosecutor enjoys absolute immunity for his official actions as the State's advocate.
It is our view that the reasoning of Slinkard v. Griffith, supra, and Imbler v. Pachtman, supra, should not be limited to the cases where the prosecutor is acting only as the State's advocate in a court of law. The prosecutor, as an elected law enforcement official, has a duty to inform the public regarding cases which are pending in his office. He must be able to exercise his best judgment, independent of other irrelevant factors, in serving as the State's advocate and in communicating such developments and events to the public. Were a prosecutor granted only a qualified immunity, the threat of lawsuits against him would undermine the effectiveness of his office and would prevent the vigorous and fearless performance of his duty that is...
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