Torts – defamation – privilege — damages

Listen to this article

Wisconsin Court of Appeals

Civil

Torts – defamation – privilege — damages

A county administrator is not entitled to immunity from a defamation suit, but damages are limited to $50,000.

“While a county board may act in a legislative capacity, it may also act in a supervisory or administrative capacity, such as by receiving reports during a meeting. See, e.g., Isle of Wight County v. Nogiec, 704 S.E.2d 83 (Va. 2011) (county board not acting in a legislative capacity when receiving a report from an assistant county administrator). Here, the board was conducting a regular meeting and not considering any existing or potential legislation. Hebert cannot claim a legislative privilege before a body that is not legislating.”

“Here, Anderson alleged Hebert made various defamatory statements on three separate occasions. Nonetheless, Anderson brought his claims in a single action. Because WIS. STAT. § 893.80(3) provides for one damages cap, per person, per action, the judgment must be reduced accordingly. We therefore direct the circuit court to reduce the judgment to $50,000.”

Affirmed in part, and Reversed in part.

Recommended for publication in the official reports.

2012AP1313 Anderson v. Hebert

Dist. III, Barron County, Harrington, J., Hoover, J.

Attorneys: For Appellant: Wistrom, Oyvind, Milwaukee; For Respondent:

Reinhardt, Peter M., Menomonie