Torts-Defamation-Official Immunity

Plaintiffs appealed the dismissal of their defamation claim against defendants. The trial court dismissed the case, concluding that defendants were entitled to official immunity. On appeal, plaintiffs argued that the trial court misapplied the law of official immunity and erred in dismissing the case without granting plaintiffs leave to amend.  

Where defendants’ alleged tortious acts were committed in the scope of their authority as state investigators, the trial court did not err in applying official immunity, as plaintiffs’ argument conflated the requirements of official immunity with the bad faith/malice exception.  

Judgment is affirmed. 

Gourley v. Gourley (MLW No. 84983/Case No. SD39126 – 20 pages) (Missouri Court of Appeals, Southern District, Hamner, J.) Appealed from circuit court, Greene County, Christensen, J. (Michael Jay Abrams, Kansas City; Alana Michele McMullin, Kansas City; Lori Breanne Rook, Springfield; and Melanie Marie Myears, Springfield for appellants) (Patricia Ann Keck, Springfield; Jeffrey Wayne Laney, Springfield; Daniel F. Church, Kansas City; Brittan Edward McClurg, Kansas City; Kevin Mark Smith, Kansas City; and Jessica Lee Ward, Springfield for respondents)