Defamation Suit Against Town to Proceed
Court dismisses 3 of the 4 claims of defamation
On May 19, Rockingham Superior Court announced a judgment on the town’s motion to dismiss the suit against the Town and two of its former firefighters for defaming the town’s former Fire Chief.
The town is being defended by its insurer, Primex.
The suit had multiple claims of defamation. The court ruled individually on each of the claims. All but one of the claims were dismissed.
In summary, the claims that were dismissed were as follows.
In the former Fire Chief’s termination letter, the use of the term “implicates” with respect to discrimination laws does not constitute defamation based on the legal definition of the term. The term has several meanings, including “involve.”
The claims that the two former firefighters individually defamed the former Fire Chief were dismissed due to insufficient evidence.
The civil conspiracy claim that the town and the former firefighters acted to intentionally inflict emotional distress was dismissed due to insufficient evidence.
The claim that was not dismissed involves defamatory statements made by the two former firefighters in their official capacities and made to other members of the Fire Department and to the Board of Selectmen. The court found sufficient allegations of actual malice in the former firefighters’ statements.
The full text may be downloaded here:
