This podcast is provided by Ben Glass and Steve Emmert www.BenGlassReferrals.com - www.Virginia-Appeals.com   Granted Appeal Summary Case SHIELA VIERS v. CHADWICK SETH BAKER (Record Number 190222) From The Circuit Court of Dickenson County; C. Gibb, Judge. Counsel Frank K. Friedman, Erin B. Ashwell (Woods Rogers, PLC), and Gerald Gray (Gerald Gray Law Firm) for appellant. Henry Keuling-Stout (Keuling-Stout, P.C.) for appellee. Assignments of Error 1. The Circuit Court erred as a matter of law by ruling that Plaintiff’s claim for slander is barred by a prosecutor’s absolute immunity. The Defendant made knowingly, false statements about Plaintiff at a Democratic Committee meeting and to Plaintiff’s friends, family, and to others, including that Plaintiff was fired because she tampered with Defendant’s computer. The statements were not connected to any criminal investigation or action. a. The Circuit Court erred in holding that Defendant’s statements at issue were directly related to Defendant’s trial duties; this is not a fair inference from the operable complaint, nor is it the prevailing law for determining whether a prosecutor is absolutely immune from suit. b. The Circuit Court erred in holding that the Defendant was acting as Commonwealth’s Attorney at all relevant times; the operable complaint alleged that Defendant was acting on personal motives and with malice. 2. The Circuit Court erred in holding that Plaintiff failed to state a claim for intentional infliction of emotional distress. www.courts.state.va.us/courts/scv/appeals/190222.pdf