Haught v. Fletcher (Signed Opinion)
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The Supreme Court reversed in part the order of the circuit court dismissing Petitioner's claim against Respondent for defamation, holding that Petitioner's allegation that Respondent made the supposed defamatory statement maliciously precluded dismissal of Petitioner's claim under W. Va. R. Civ. P. 12(b)(6).
Petitioner, a patrolman with the Town of Belle's Police Department, brought this complaint alleging that Respondent had made a defamatory statement against him, knew the statement was false, and made the statement intending to harm Petitioner's reputation. The circuit court dismissed the defamation claim on grounds of qualified privilege. The Supreme Court reversed the portion of the order dismissing the defamation claim against Respondent, individually, holding that it was error to find that Respondent acted in good faith, despite Petitioner's clear allegation to the contrary, and so to dismiss Petitioner's defamation claim against Respondent.
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