Mesnard v. Honorable Theodore Campagnolo
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The Supreme Court affirmed in part and reversed in part the trial court's denial of Defendant's motion to dismiss this lawsuit brought by Plaintiff, an electric representative in the Arizona House of Representatives, alleging that Defendant, the Speaker of the House, defamed him in an investigatory report and a news release, holding that Defendant was immune for allegedly defaming Plaintiff in the investigatory report but was not immune for allegedly defaming Defendant in the news release.
Plaintiff was expelled by the Arizona House of Representatives as an elected representative for misconduct. Plaintiff initiated sued Defendant, alleging defamation and conspiracy defamation. Defendant filed a motion to dismiss for failure to state a claim. The trial court denied the motion. The Supreme Court affirmed the trial court's denial of Defendant's motion to dismiss as it concerned the issuance of a news release but reversed the ruling denying the motion as it concerned Defendant's alleged modification and release of an investigatory report, holding (1) Defendant performed a legislative function when he modified the report and released it to House members and the public and therefore was absolutely immune from liability based on these actions; and (2) issuing news releases is not generally a legislative function protected by legislative immunity.
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