TTH Attorney Sarah Cobbs recently won the dismissal of an action filed against a County District Attorney alleging various torts, including wonton mistreatment of a corpse.  The Plaintiff claimed that during a homicide investigation, wherein the Plaintiff was the primary suspect, the District Attorney intentionally withheld the body of the Plaintiff’s infant son.

In response to the Complaint, Sarah filed Preliminary Objections raising Absolute Prosecutorial Immunity and High Public Official Immunity.  Though these immunities are typically treated as affirmative defenses that must be raised via New Matter, Sarah argued that the immunities were clear from the face of the Complaint and were thus properly raised via Preliminary Objections.

The Court agreed with Sarah that the defenses were properly raised, while also agreeing that the defenses were applicable and barred the Plaintiff’s claim.  The Court thus dismissed Plaintiff’s claim against the County defendant.

Questions about this case can be directed to Sarah Cobbs at (412) 926-1447 or scobbs@tthlaw.com.