Carradine v. Minnesota

511 N.W.2d 733 (1994)

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Nature of the Case

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Facts

P was stopped and arrested by a state trooper, Chase (D), as he was driving to the airport to catch a flight. In his arrest report and statements to jail personnel, to prosecutors and to a reporter, D said that P's conduct involved speeding, reckless driving, fleeing an officer, and impersonating an officer. P was booked, fingerprinted, strip-searched, and held in custody for 10 hours before being released. P's alleged conduct appeared in newspapers throughout the county and on television because P, in addition to 'racing' cars professionally, is an actor who has appeared in a number of movies, the most well-known being 'Revenge of the Nerds.' The more serious criminal charges against P were eventually dropped in exchange for his pleading guilty to speeding, a petty misdemeanor. P then filed suit against Ds claiming unreasonable search and seizure, denial of due process, assault and battery, false imprisonment, excessive use of force, negligent infliction of emotional distress, defamation, malicious prosecution, negligence, trespass to personal property, conversion, and vicarious liability. Ds moved for summary judgment, claiming official, absolute, sovereign, and qualified immunity. The motion was granted except for three claims: negligent infliction of emotional distress, defamation, and vicarious liability. Ds appealed from the denial of summary judgment as to those three claims. P noticed review of the award of partial summary judgment. The court of appeals held that D lacked an absolute privilege to make defamatory statements in preparing the arrest report and in subsequently talking with the press about the arrest.