Wilkinson ex rel. Wilkinson v. Russell

973 F. Supp. 437, 1997 U.S. Dist. LEXIS 11303
CourtDistrict Court, D. Vermont
DecidedJuly 31, 1997
DocketNo. 2:94-CV-175
StatusPublished
Cited by1 cases

This text of 973 F. Supp. 437 (Wilkinson ex rel. Wilkinson v. Russell) is published on Counsel Stack Legal Research, covering District Court, D. Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilkinson ex rel. Wilkinson v. Russell, 973 F. Supp. 437, 1997 U.S. Dist. LEXIS 11303 (D. Vt. 1997).

Opinion

OPINION AND ORDER

SESSIONS, District Judge.

This matter is before the Court on Defendants’ Russell, Adams, and Jeffords Motion for Summary Judgment on Count I (Libel and Slander), Count II (Negligence), Count V (Deprivation of Civil Rights), Count VT (Denial of Due Process), Count VII (Conspiracy), Count VIII (Infliction of Emotional Distress), and Count IX (Negligence Per Se). This opinion concerns only the allegations set forth in Count I (Libel and Slander), Count VTI (Conspiracy), and Count IX (Negligence Per Se). The Court has already ruled on the remaining counts. For the reasons that follow, Defendants’ Motion for Summary Judgment in relation to Counts I, VII, and IX is granted.

BACKGROUND

The following facts are either not in dispute or are supported by the affidavits and accompanying evidentiary material submitted by the Plaintiffs, as required by Fed.R.Civ.P. 56(e).1 Plaintiff Thomas Wilkinson claims the Defendants, employees at Vermont Social and Rehabilitative Services (“SRS”), failed to investigate properly allegations that he sexually abused his son, Benjamin Wilkinson (Ben), and his step-son, Jonathan Weigand. Consequently, he was falsely accused of being a sex offender. He further contends they improperly communicated their findings to others.

On June 30, 1993 Judge Herbert Barall, the presiding judge in the child custody dis[439]*439pute between Wilkinson and his former wife Linda Weigand (“Weigand”) in Connecticut, ordered that the Connecticut Department of Children and Families (“DCF”) communicate with Vermont SRS regarding Wilkinson’s children.2 The Attorney for DCF cited the Uniform Child Custody Jurisdiction Act,3 the statute which provides uniform requirements for the exchange of information and mutual assistance between different state courts concerned with the same child. Wilkinson’s attorney, who was present in the courtroom, did not object to the Judge’s order. On July 13th Caroline Russell, SRS District Director in the Morrisville office, returned a phone call from Paul Shanley of Connecticut DCF. Shanley told her he had been ordered by the Connecticut court to contact SRS to obtain information to answer the Judge’s concerns regarding the welfare of the children. He specifically asked for some documentation that he could provide to the court. According to Shanley’s report to Judge Barall, Russell provided him with information about the case over the phone, including the substantiation of abuse charges against Wilkinson. Russell then contacted an attorney at the Deputy Attorney General’s office, who advised her that SRS had a responsibility to provide DCF with information about SRS’s involvement in the case.

On July 15, 1993, in response to Shanley’s request, Russell wrote to the Connecticut DCF. She began the letter by writing:

It is my understanding that there is a question in the Family Court in Connecticut about which parent should have custody of these boys. In the interest of protecting Jon and Ben from further harm and abuse, I have been advised by our department’s attorney that I am able to disclose the outcome of our investigations to you.

She went on to state again that SRS had “made a substantiation of sexual abuse perpetrated on Ben by Thomas Wilkinson” and had also “made a determination that sexual abuse was perpetrated on Jonathan by Tom Wilkinson.” Russell provided this information despite a written consent agreement that had been entered into on May 3, 1993 between Wilkinson and SRS in which SRS had consented to “stay” an appeal process Wilkinson had begun to the Human Services Board pending the outcome of criminal and divorce litigation. The agreement provided, “In the interim, SRS will remove [440]*440Wilkinson’s name from its central registry as well as its substantiation of sexual abuse against him.” Wilkinson claims he was slandered by Russell’s remarks in the phone call and libeled by the content of the letter.

DISCUSSION

I. LIBEL AND SLANDER

To establish a cause of action in defamation in Vermont, a plaintiff must prove that a defendant 1) made a false and defamatory statement concerning the plaintiff, 2) acted with some negligence or greater fault in publishing the statement, 3) published the statement to at least one third person, 4) was not privileged in the publication of the statement, 5) caused plaintiff to suffer special damages, and 6) caused plaintiff actual harm to warrant compensatory damages. Crump v. P & C Food Markets, Inc., 154 Vt. 284, 291, 576 A.2d 441.

Defendants contend that Russell’s statements'were privileged under the doctrines of judicial immunity and state qualified immunity. They further contend that the statements were not “published” as that term is used in an action for defamation.

a. Judicial Immunity

Vermont law has recognized the doctrine of judicial immunity which applies to judges, attorneys and witnesses since the cases of Torrey v. Field, 10 Vt. 353 (1838), and Mower v. Watson, 11 Vt. 536, 34 A.D. 704 (1839). (See also Banister v. Wakeman, 64 Vt. 203, 23 A. 585 (1891) and Laplaca v. Lowery, 134 Vt. 56, 349 A.2d 235 (1975)). In Torrey v. Field, the Vermont Supreme Court held:

This privilege, or immunity ... extends to parties, -witnesses, jurors, judges and counsel, in courts of justice, in short, to anyone, who in the discharge of public duty or in pursuit of private rights, is compelled to participate in the administration of justice.

10 Vt. 353, at 414 (1838).

United States Supreme Court cases indicate that immunity analysis “rests on functional categories, not the status of the defendant.” Briscoe v. LaHue, 460 U.S. 325, at 342, 103 S.Ct. 1108, at 1119, 75 L.Ed.2d 96 (1983). Absolute immunity flows not from rank or title, but from the nature of the responsibilities of the individual official. Butz v. Economou, 438 U.S. 478, 511, 98 S.Ct. 2894, 2913, 57 L.Ed.2d 895 (1978). The Court in Briscoe further stated:

In short, the common law provided absolute immunity from subsequent damages liability for all persons governmental or otherwise-who were integral parts of the judicial process.

460 U.S. at 335,103 S.Ct. at 1115.

Psychiatrists appointed by the court to conduct competency evaluations have been granted absolute immunity on the basis that they “perform functions essential to the judicial process.” Moses v. Parwatikar, 813 F.2d 891, 892 (8th Cir.1987). The Eighth Circuit further stated that

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WILKINSON BY AND THROUGH WILKINSON v. Russell
973 F. Supp. 437 (D. Vermont, 1997)

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973 F. Supp. 437, 1997 U.S. Dist. LEXIS 11303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkinson-ex-rel-wilkinson-v-russell-vtd-1997.