Lowell v. Medford School Dist. 549C

Absolute privilege is extended to all employees of public entities, regardless of the rank of title or responsibilities, as an affirmative defense to defamation suits so long as the statements were made in the performance of their duties. Shearer v. Lambert, 274 Or 449, 547 P2d 98 (1976).

Lowell provided piano tuning services for Medford School District and was reported, and later terminated, for working on the school premises while intoxicated after which he filed a defamation suit against the employees and the school district. Lowell appealed summary judgment for Medford School District on the basis of absolute privilege for the district and by extension, its' employees. Absolute privilege is extended to all employees of public entities, regardless of the rank of title or responsibilities, as an affirmative defense to defamation suits so long as the statements were made in the performance of their duties. Shearer v. Lambert, 274 Or 449, 547 P2d 98 (1976). The court held that the statements in the case at hand were made by Medford School District employees and so long as the statements were made in the performance of their duties, the absolute privilege doctrine applied. Affirmed.