Wednesday, February 22, 2012

Filing a complaint about a school teacher with the school district may not be protected by an “absolute privilege”

Filing a complaint about a school teacher with the school district may not be protected by an “absolute privilege”
Posner v Lewis, 2012 NY Slip Op 01323, Court of Appeals

In this tort action, the Court of Appeal said that it must decide whether defendants' course of conduct in instigating complaints to school authorities against Posner, a nontenured teacher, is entitled to an absolute privilege under Brandt v Winchell (3 NY2d 628]) that would warrant dismissal of Posner's causes of action for prima facie tort and tortious interference with prospective contractual rights.

The Court’s conclusion: Assuming the truth of the allegations in the complaint, as we must at this early stage of the litigation, we conclude that defendants' conduct is not immunized by Brandt.

In Brandt the court recognized an "immunity from civil suit" for truthful communications resulting in "the exposure of those guilty of offenses against the public" (3 NY2d at 635).

The Posner decision is posted on the Internet at:

Posted by The Public Employment Law Press on

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