Johnson v. Queenan
Massachusetts Superior Court
12 Mass. L. Rptr. 461 (2000)
Johnson (plaintiff) sued Queenan (defendant) for alleged rape at a party; Queenan admitted only to consensual kissing but acknowledged Johnson left crying. Johnson told her friend Dadmun what happened, was examined at the hospital under the state's sexual-assault protocol (triggering a report to police), met privately with a detective who encouraged her to tell her parents, and told her mother. Charges were filed but the grand jury declined to indict; after Johnson's civil suit, Queenan counterclaimed for slander and abuse of privilege, and Johnson moved for summary judgment on that counterclaim.
Whether an absolute privilege completely shields a defendant from defamation liability even if the statements were made maliciously or in bad faith, and whether a qualified privilege shields a defendant from liability unless the statements were made with actual malice or unnecessary, unreasonable, or excessive publication made recklessly.