Smith of Borough of Dunmore, 07-4534
Action for defamation, due process and right of privacy violations and retaliationSmith of Borough of Dunmore, 07-4534, concerned a challenge to the district court's judgment in favor of the defendants in a fire captain's suit against the Borough of Dunmore and five council members, claiming defamation, due process violations, right of privacy violations, and retaliation, arising from his suspension and the publicizing of that suspension in a local paper.
The court vacated the district court's order to the extent that it
granted summary judgment on plaintiff's due process claims and remanded
for consideration of whether the pre-hearing suspension was supported by
an interest in public safety and for consideration of whether plaintiff
has satisfied the "stigma-plus" test, establishing deprivation of a
liberty interest. However, the court affirmed the district court's
grant of summary judgment on plaintiff's defamation claim as the
district court correctly concluded that Pennsylvania's high public
official immunity shields the council members from any claim for
defamation. The court also affirmed the district court's grant of
summary judgment on plaintiff's privacy claims because plaintiff's
claims require that the information not be of public concern and because
there is no genuine dispute as to the public's interest in firefighter
qualifications. The court affirmed the district court's judgment as a
matter of law on plaintiff's claim for punitive damages as there is no
proper defendant from which plaintiff can claim punitive damages as the
borough remains the only defendant for the retaliation claim and because
a municipality is immune from punitive damages. Lastly, the court
affirmed the district court's partial denial of plaintiff's motion for
attorney's fees and costs.
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