Civil Remedy for Crime Victim

Below is an interesting holding coming out of Wyoming. It raises several interesting issues. The first that the prosecutor apparently saw fit to waive civil remedy for the victim of crime. Unfortunately, this is not the issue that was clarified. Ultimately, the issue that was appealed clarified the doctrine of absolute immunity, which protects speech during the course of a legal proceeding from allegations of slander or libel.

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Summary provided in whole by NCVLI:

Abromats v. Wood, Nos. S-08-0195, S-09-0196, 2009 WL 2517175 (Wyo. Aug. 19, 2009).

Defendant, charged with various crimes related to a traffic accident, attempted in the course of plea negotiations to condition payment of restitution on the accident victim’s release of civil liability. After the prosecutor agreed to this condition, Crisis and Referral Emergency Services (C.A.R.E.S), a victims’ services organization, informed the victims that defendant was taking action in the criminal case to impede their rights in future civil litigation. The victims then submitted an impact statement to the prosecutor through C.A.R.E.S., in which they clarified that they had not agreed to release defendant from civil liability. Defendant and her husband subsequently sued the victims, arguing that two statements in the victim impact statement were libelous. The victims moved for summary judgment, which the district court granted. Defendant and her husband, as plaintiffs in the civil action, appealed the grant of summary judgment. The victims cross-appealed, requesting that the court (1) uphold the dismissal of plaintiffs’ claims; and (2) find that (a) neither of the statements were libel per se, and (b) their statements were protected by the doctrine of absolute immunity, as witnesses in a judicial proceeding. The appellate court affirmed the lower court’s decision, and agreed with the victims that the doctrine of absolute immunity applied. Specifically, the court held that a crime victim’s statement to a victims’ services provider for submission to the court, which is not published to anyone else for any other purpose, cannot support a claim for libel because such a victim has absolute immunity when making statements as a witness in a judicial proceeding. In reaching this decision, the court stated: “The victim of a crime is an integral part of many criminal investigations and we can think of few participants in the judicial process more in need of protection. In addition, a court is required to seek information about restitution to victims under Wyoming law and the court and the prosecutor are required to communicate with the victim about that and other matters. . . . It is vital that victims feel free to speak openly during that process.”