Thomas v. Sumner
Annotate this CaseAfter Mother was told by her nine-year-old son, GT, that Father, who served in the United States Air Force (USAF,) was watching GT shower, Mother arranged for GT to see a Counselor. Counselor reported to law enforcement and then USAF authorities regarding the suspected child abuse. After the USAF authorities completed their investigation, they concluded that the preponderance of the evidence did not support further action. Father filed a defamation complaint, alleging that Mother and Counselor made intentionally malicious and baseless allegations of sexual abuse to law enforcement and USAF authorities. The district court granted summary judgment for Mother and Counselor, concluding that the defendants acted in good faith in reporting the allegations. The Supreme Court affirmed, holding that Father failed to demonstrate a genuine issue of material fact existed with respect to immunity that (1) Counselor acted in bad faith under the child abuse reporting statute, and (2) Mother made false statements to parties outside the scope of the child abuse investigation.
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