This section contains the nature of the case and procedural background.

A bullet grazed the head of D, Superintendent of the Vigo County School Corporation (School Corporation), when someone fired a shotgun at him from outside his house. The police identified P as a suspect because of his known animosity toward D. P was the Supervisor of Safety and Security at the Gibault School, a juvenile residential treatment facility also in Vigo County. James Sinclair was the Executive Director and Chief Executive Officer of Gibault, Inc. The rumor mill on the Gibault campus was that P was a suspect. The police came and interviewed some of P's fellow employees. When police contacted Gibault a second time and indicated that they would like to speak to some Gibault employees again, they were told they should interview the employees on their own time rather than while the employees were working. The rumor was that Gibault was not cooperating with the police investigation and strained relations between the School Corporation and Gibault School. Sinclair sent D a letter suggesting they meet. D called the police, who gave D questions to ask and a wire to wear so that the conversation could be recorded. D attempted to coax information from Sinclair. P was never charged with any crime. P filed a lawsuit for defamation against D. He subsequently learned of the taped conversation during the trial of one Marty Ketner, who was identified as a suspect in February 2002, tried, and acquitted. P and D filed cross-motions for summary judgment. The trial court granted D's motion. The Court of Appeals reversed and remanded, holding that genuine issues of material fact existed regarding P's defamation claim and that D's statements were not covered by a qualified privilege. D sought, and was granted, a transfer.

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