Smith v. Durden
Annotate this CaseFormer priest of Rio Rancho St. Francis Episcopal Church Plaintiff Walter F. Smith, III brought a defamation action against St. Francis Vestry members Defendants Will Durden and William DeVries, and members of the parish Denise Durden and Marion DeVries. Plaintiff initiated this defamation action in 2006 after the publication of a packet of documents which, among other things, alluded to alleged sexual misconduct involving Plaintiff and minor parishioners. Defendant Will Durden had originally compiled the packet for a presentation before the Standing Committee of the Diocese of the Rio Grande by certain vestry members who desired the removal of Plaintiff from his position. The packet included documentation related to financial problems at St. Francis, an alleged lack of leadership shown by Plaintiff, and personal attacks against Plaintiff. One of the documents was an anonymous letter accusing Plaintiff of several acts of pedophilia. After the presentation before the Standing Committee, and at the recommendation of the Episcopal Bishop of the Diocese of the Rio Grande, Plaintiff disclosed a summary of the allegations to the congregation during a Sunday service. The issue before the Court was whether New Mexico requires a showing of injury to one's reputation to establish liability for defamation. Upon review, the Supreme Court held that it does, "as injury to reputation is the very essence of the tort of defamation. Evidence of humiliation and mental anguish, without evidence of actual injury to reputation, is insufficient to establish a cause of action for defamation." The Court reversed the Court of Appeals' reversal of the district court's grant of summary judgment in favor of Defendants.
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