Minke v. City of Minneapolis

845 N.W.2d 179, 38 I.E.R. Cas. (BNA) 105, 2014 WL 1385347, 2014 Minn. LEXIS 189
CourtSupreme Court of Minnesota
DecidedApril 9, 2014
DocketNo. A12-2272
StatusPublished
Cited by12 cases

This text of 845 N.W.2d 179 (Minke v. City of Minneapolis) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minke v. City of Minneapolis, 845 N.W.2d 179, 38 I.E.R. Cas. (BNA) 105, 2014 WL 1385347, 2014 Minn. LEXIS 189 (Mich. 2014).

Opinion

OPINION

LILLEHAUG, Justice.

Believing he was defamed by Minneapolis Police Department Sergeant Janice Callaway during an employment-related background investigation, Travis M. Minke sued Sergeant Callaway and the City of Minneapolis (collectively, appellants) for intentional interference with prospective economic advantage and for defamation. Appellants moved for summary judgment. The district court granted the motion with respect to the intentional interference claim but allowed the defamation claim to proceed. The court of appeals affirmed, Minke v. City of Minneapolis, No. A12-2272, 2013 WL 3968762 (Minn.App. Aug. 5, 2013), and we granted review. The issue is whether absolute privilege applies to Sergeant Callaway’s statements. Because we conclude it does not, we affirm.

I.

Between October 2006 and December 2007, Minke worked as a Community Service Officer (CSO) for the Minneapolis Police Department. One of the purposes of Minke’s employment was to receive the training necessary to be admitted to the Minneapolis Police Academy. In the meantime, Minke passed the Peace Officer Licensing Exam, which allowed him to apply directly to other agencies for peace officer jobs.

In December 2007, after learning that he would not be permitted to attend the next session of the Minneapolis Police Academy, Minke resigned. Minke applied to other departments, including the Mounds View Police Department, which commenced a background investigation. Minke authorized Mounds View to contact the Minneapolis Police Department, and identified Sergeant Callaway — one of his former supervisors — as the contact.

Mounds View interviewed Sergeant Cal-laway. Minke alleges that, in the interview, Sergeant Callaway made statements that were defamatory, including “attacks on [his] honesty, integrity, character, work ethic, and performance.”1 Minke further alleges that the statements caused Mounds View not to hire him.

Minke sued appellants for intentional interference with prospective economic advantage and for defamation. On appellants’ motion for summary judgment, the district court dismissed the intentional interference claim, but allowed the defamation claim to proceed. The district court concluded that Sergeant Callaway’s allegedly defamatory statements were not absolutely privileged because, as a matter of fact, “providing recommendations for former CSOs [was] not part of [Sergeant] Callaway’s job duties.”

The court of appeals affirmed in an unpublished opinion. Minke, 2013 WL 3968762. As did the district court, the court of appeals concluded that absolute privilege did not apply because providing recommendations for former CSOs was not one of Sergeant Callaway’s “essential” job duties. Id. at *2. The court of appeals also concluded that neither public policy nor Minn.Stat. § 626.87 (2012) — the statute that governs law enforcement background investigations — required extension [182]*182of absolute privilege. Id. at *3. We granted appellants’ petition for further review.

II.

The only question in this case is whether absolute privilege applies to the allegedly defamatory statements made by Sergeant Callaway. We review de novo this question of law. See Lewis v. Equitable Life Assurance Soc’y of the U.S., 389 N.W.2d 876, 889 (Minn.1986).

A.

Two types of privilege exist as defenses against defamation claims: absolute privilege and qualified privilege. Zutz v. Nelson, 788 N.W.2d 58, 61 (Minn.2010). Both privileges exist because “statements made in particular contexts or on certain occasions should be encouraged despite the risk that the statements might be defamatory.” Lewis, 389 N.W.2d at 889. Absolute privilege bars liability for even “intentionally false statements, coupled with malice,” while qualified privilege bars liability only if the “defamatory statements are publicized in good faith and without malice.” Matthis v. Kennedy, 243 Minn. 219, 223, 67 N.W.2d 413, 416 (1954).

Because of its more robust protections, “[a]bsolute privilege is not lightly granted,” Zutz, 788 N.W.2d at 62, and is “confined within narrow limits,” Matthis, 243 Minn. at 223, 67 N.W.2d at 417. We only extend absolute privilege “when public policy weighs strongly in favor of such extension.” Zutz, 788 N.W.2d at 66 (emphasis added).

We do not extend absolute privilege to all speech by government employees related to their work. For example, judges and officers of government whose duties relate to the judicial process enjoy absolute privilege, but only as to statements made in the exercise of their judicial functions. Bauer v. State, 511 N.W.2d 447, 450 (Minn.1994). In the legislative context, the Minnesota Constitution grants absolute privilege to members of the State Senate and House of Representatives in the discharge of their official duties. Minn. Const, art. IV, § 10. However, we have consistently declined to extend absolute privilege to all legislative officers, such as those in subordinate government bodies. E.g., Zutz, 788 N.W.2d at 63 (declining to extend absolute privilege to unelected watershed district board members).

In the context of executive-branch officials, we have distinguished between top-level and lower-level officers. Top-level officers typically enjoy absolute privilege for statements made in the course of their duties. E.g., Johnson v. Dirkswager, 315 N.W.2d 215, 221 (Minn.1982). However, as in the legislative context, we have been reluctant to extend absolute privilege to lower-level officers. In an early case, Peterson v. Steenerson, we questioned “the propriety of making the rule universal, and extending [absolute privilege] to all public officers.” 113 Minn. 87, 89, 129 N.W. 147, 148 (1910). Accordingly, we confined absolute privilege “to its present limited application,” that is, to top-level executive officers. Id. at 90, 129 N.W. at 148.

Since deciding Peterson more than a century ago, we have been cautious about extending absolute privilege, out of concern that otherwise it “might very well extend to administrative employees serving in countless governmental bureaucracies,” Zutz, 788 N.W.2d at 65. Only once have we carved out an exception for lower-level executive officers, and then only a narrow one. In Carradine v. State, we determined that a state trooper — a lower-level executive officer — enjoyed absolute privilege for allegedly defamatory statements made in an arrest report. 511 N.W.2d 733, 736-37 (Minn.1994). We at[183]*183tached “great significance” to the following factors:

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Bluebook (online)
845 N.W.2d 179, 38 I.E.R. Cas. (BNA) 105, 2014 WL 1385347, 2014 Minn. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minke-v-city-of-minneapolis-minn-2014.