Khale Lenhart obtained summary judgment for a counselor sued for defamation based on a report that she made of suspected child abuse. The counselor was treating a child patient, and the patient told her about conduct by the patient’s father that the counselor suspected may constitute child abuse. The counselor reported her suspicion to law enforcement, who then performed an investigation. Charges were not brought against the father, and the father sued the counselor for defamation arising out of her report. Hirst Applegate was retained to defend the claims against the counselor and, after appropriate discovery, Hirst Applegate moved for summary judgment on behalf of the counselor, arguing that the counselor had not made any false statement and that the counselor’s report was privileged under Wyoming statute. The Court granted the motion, finding that both of the arguments in the motion supported summary judgment in favor of the counselor. The Court found that the report made by the counselor was true, and so could not support a claim for defamation, and that the report was privileged under Wyoming law. The Court therefore granted Hirst Applegate’s motion and entered judgment in favor of the counselor.
POSTED BY DAVID D JOHANSEN AT 11:16 AM