Foster v. Pearcy

GIVAN, Chief Justice.

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…