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3rd DCAFebruary 27, 2019Affirmed⭐ Notable

Allen v. Santelises

Case No. 18-1896

A terminated Miami-Dade College professor sued a faculty colleague for slander based on statements he gave as a witness during the college's internal discrimination/harassment grievance investigation. The Third District affirmed summary judgment, holding that as a faculty member of a public college the witness was a 'public official' and that because the college's procedure manual and the collective bargaining agreement compelled his cooperation as a condition of employment, his statements were made within the scope of his duties and were absolutely immune from defamation liability.

Discrimination & RetaliationSummary JudgmentSovereign Immunity

Key facts

  • Terminated Miami-Dade College professor sued a faculty colleague for slander based on statements made during the college's internal discrimination and harassment grievance investigation.
  • The defendant faculty member provided testimony as a witness in the college's investigation process, with statements made pursuant to the college's procedure manual and collective bargaining agreement requiring employee cooperation.
  • +2 more key facts with a free trial

Why it matters

The opinion gives counsel a clean, citable framework for defeating defamation claims arising from internal workplace investigations at public institutions: identify the public-employer status, then point to the manual… — full analysis with a trial

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