Barto v. Felix

I believe that the lower court was correct in sustaining appellee’s preliminary objections and in dismissing appellants’ complaint, for two reasons: first, because appellee was immune by virtue of his position as Public Defender of Lycoming County; and second, because the statements allegedly made by appellee were absolutely privileged since they were made in the context of a judicial proceeding.

While the concepts of immunity and privilege have a common root, see Veeder, Absolute Immunity in Defamation: Judicial Proceedings, 9 Colum.L.Rev. 463-490 & 599-616, they have developed in distinctive…