Smith v. Durden
New Mexico Supreme Court
276 P.3d 943 (2012)
Relevant factsFree
Former priest Smith (plaintiff) sued Durden (defendant) for defamation after Durden prepared and published a document packet alleging Smith's sexual misconduct with minors to support his removal by the diocese; the trial court granted Durden summary judgment because Smith presented no evidence of actual reputational injury, and Smith argued such accusations are always defamatory and that his own humiliation and anguish sufficed.
IssueFree
Whether some jurisdictions require actual injury to reputation to establish a prima facie case of defamation.