Colista v. Thomas

616 N.W.2d 249, 241 Mich. App. 529
Michigan Court of Appeals·Decided September 6, 2000·No. Docket 208921·Published·Cited by 43 cases

Opinion

Bandstra, C.J.

Defendant appeals by leave granted the trial court’s order denying summary disposition of plaintiff’s defamation suit. We affirm.

This case arises from a letter that was written by defendant on October 7, 1996, to Michigan Supreme Court Commissioner Glen B. Gronseth. At the time the letter was written, defendant was the Grievance Administrator for the Michigan Attorney Grievance Commission. Gronseth served as liaison between the Supreme Court and the Attorney Grievance Commission. Plaintiff was a member of the Judicial Tenure *531 Commission (jtc). The letter, written under the letterhead of the Attorney Grievance Commission, purported to contain information given to defendant regarding instances of misconduct by the JTC and its staff. The letter referenced the following allegations by JTC staff: (1) plaintiff was responsible in part for former JTC director Joseph F. Regnier’s resignation, (2) plaintiff had used his position on the JTC for his personal benefit, (3) another jtc staff member had engaged in racial intimidation and harassment of members of the commission’s support staff, and (4) plaintiff blocked discipline of that staff member and may have engaged in such intimidation and harassment himself. The letter also stated that JTC staff members had photocopied sensitive documents that may demonstrate that plaintiff engaged in conflicts of interest while serving on the commission out of concern that those documents would be destroyed. Moreover, defendant questioned JTC members’ motives in appointing an interim director who defendant believed was incapable of serving in that capacity. 1

*533 Gronseth passed defendant’s letter on to the Michigan Supreme Court Chief Commissioner. Thereafter, then Chief Justice James H. Brickley forwarded the letter to JTC Chairman Henry Baskin, explaining that the Supreme Court felt it necessary to bring defendant’s allegations to the chairman’s attention. On March 19, 1997, an article was printed in the Detroit News referencing the substance of defendant’s letter to Gronseth and Chief Justice Brickley’s letter to the JTC. On September 30, 1997, plaintiff filed the present action, claiming that the allegations involving plaintiff referenced in defendant’s letter to Gronseth were either false or cast plaintiff in a false light. Plaintiff *534 alleged that defendant’s publication of the falsities to Gronseth, the Justices of the Supreme Court, and the press damaged his reputation.

Defendant moved for summary disposition pursuant to MCR 2.116(C)(7), (8), and (10), contending that he was immune from suit under MCR 9.125, that he did not publish the letter to any newspaper, and that plaintiff, a public official, had failed to allege any facts showing actual malice.* 2 The trial court denied defendant’s motion for summary disposition, concluding that there were issues of fact concerning (1) whether defendant wrote the letter in the course of his duties and (2) whether defendant caused the letter to be sent to the newspaper.

Defendant argues that the trial court erred in denying summary disposition pursuant to MCR 2.116(C)(7) because he is absolutely immune from suit under the circumstances of the present case pursuant to MCR 9.125. We disagree. This Court recently discussed summaiy disposition based on a claim of statutory immunity:

On appeal, a trial court’s grant of summaiy disposition is reviewed de novo. Spiek v Dep’t of Transportation, 456 Mich 331, 337; 572 NW2d 201 (1998). Specifically, a court’s interpretation of a statute is reviewed de novo on appeal. Stabley v Huron-Clinton Metropolitan Park Authority, 228 Mich App 363, 366; 579 NW2d 374 (1998). When a motion for summaiy disposition is premised on MCR 2.116(C)(7), the nonmovant’s well-pleaded allegations must be accepted as true and construed in the nonmovant’s favor and the motion should not be granted unless no factual development could provide a basis for recovery. Stabley, supra at *535 365; Dewey v Tabor, 226 Mich App 189, 192; 572 NW2d 715 (1997). “[T]he court must consider not only the pleadings, but also any affidavits, depositions, admissions, or documentary evidence that has been filed or submitted by the parties.” Horace v City of Pontiac, 456 Mich 744, 749; 575 NW2d 762 (1998). If no facts are in dispute, whether the claim is statutorily barred is a question of law. Dewey, supra at 192. [Amburgey v Sauder, 238 Mich App 228, 231; 605 NW2d 84 (1999).]

In contrast to the defendant in Amburgey, whose claim of immunity was rooted in a statute, defendant in the present case bases his claim of immunity on a court rule, MCR 9.125. However, the rules governing the interpretation of statutes apply with equal force to the interpretation of court rules. McAuley v General Motors Corp, 457 Mich 513, 518; 578 NW2d 282 (1998). The interpretation and application of the court rules, like the interpretation of statutes, is a question of law that is reviewed de novo on appeal. Id.) Szymanski v Brown, 221 Mich App 423, 433; 562 NW2d 212 (1997).

MCR 9.125 provides:

A person is absolutely immune from suit for statements and communications transmitted solely to the administrator, the commission, or the commission staff, or given in an investigation or proceeding on alleged misconduct or reinstatement. The administrator, legal counsel, investigators, members of hearing panels, the commission, the board, and their staffs are absolutely immune from suit for conduct arising out of the performance of their duties.

The rule provides immunity to two classes of persons associated with the Attorney Grievance Commission: (1) persons giving statements and communications (a) transmitted to the grievance commission or *536 administrator or (b) given in an investigation or proceeding; and (2) the administrator and others involved in the grievance process for. conduct arising out of the performance of their duties. Defendant claims that he is entitled to absolute immunity as a member of both classes because his letter to Gronseth was a communication “given in an investigation or proceeding on alleged misconduct” and because his reporting of the plaintiff’s conduct to the Supreme Court was “conduct arising out of the performance of [his] duties” as Attorney Grievance Administrator. We disagree.

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Colista v. Thomas, 616 N.W.2d 249, 241 Mich. App. 529 (Mich. Ct. App. 2000).

616 N.W.2d 249 (Colista v. Thomas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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