Attorney obtained a dismissal of a claim made against an attorney for the corporation which owned a nursing home
Attorney obtained a dismissal of a claim made against an attorney for the corporation which owned a nursing home. The claim arose out of plaintiff's claims that the nursing home, and the attorneys for the nursing home defamed him by reporting to the Municipal Solicitor and the Police Chief that the plaintiff had improperly entered the facility. We argued that the reporting of counsel to the Chief of Police, and to the Municipality were privileged under the state's Qualified Privilege which applies to statements made in good faith to law enforcement relating to prevention or detection of crime. The plaintiff alleged that he was not the person who entered the facility, and that he had been defamed because the wrong person was identified. The court granted the motion, and dismissed the action because even if the statements of the attorney and the nursing home were privileged when they reported that an incident had occurred, the wrong person was identified.