Immunity ruling favors prosecutor

FAYETTEVILLE — Whether a deputy prosecutor has statutory immunity from being sued by a criminal defendant is a matter of law, not a jury question, the Arkansas Court of Appeals said Wednesday in reversing and remanding a Washington County Circuit Court case.

Joseph Bay filed a civil lawsuit alleging defamation and false light against Charles Duell, a deputy prosecuting attorney, after Duell dropped a criminal case against Bay in 2011. Bay was charged in connection with an allegation he had exposed himself to his 4-year-old daughter.

Bay sued after the Springdale Morning News published an article in which Duell recounted some but not all of the facts relating to why the charge against Bay was dropped. Bay contended Duell intentionally chose to focus the interview on facts that implied Bay was guilty while omitting facts that would tend to exonerate him.

Duell sought to have the case thrown out, but Circuit Judge Doug Martin ruled in October 2014 denying Duell’s motion for summary judgment. Further, he ruled that whether Duell was entitled to statutory immunity was a question of fact for a jury to decide.

Duell appealed, arguing statutory immunity is a question of law for a judge to decide. He also contended that the undisputed facts of the case show his statements were true and showed no evidence of malice.

“Our case law clearly states that the issue of whether a party is entitled to statutory immunity is a question of law: therefore the circuit Court was clearly in error when it characterized the issue as one of fact,” judges wrote in their opinion. “We need not reach the remaining issues because the circuit court must first decide as a matter of law whether Duell is entitled to immunity from suit by the statute. The case is reversed and remanded for entry of an order consistent with this opinion.”