In the case of Ra v. Ohio Atty. Gen. Office, Ct. of Cl. No. 2019-00212JD, 2019-Ohio-3458, the Ohio Court of Claims held that the Ohio Attorney General has an absolute privilege to publish defamatory material in the performance of its official duties.
In this case, the Ohio Attorney General’s Office published a news release on its website about a legal action brought against a software business and its owner. The owner discovered the news release following the settlement of the legal action and requested that the press release be removed from the website for false and misleading statements. The Ohio Attorney General’s Office refused to remove the news releases. The owner proceeded to file various torts claims against the Ohio Attorney General including negligence, tortious interference with business relationships, and intentional infliction of emotional distress.
The Ohio Court of Claims ruled in favor of the Ohio Attorney General’s Office because it found the claims made by the owner to be a disguised defamation claim due to them all stemming from the Ohio Attorney General’s Office refusing to take down the news release. After recharacterizing the tort claims as disguised defamation, the Ohio Court of Claims held that the Ohio Attorney General’s Office had no liability because the Ohio Attorney General office has an absolute immunity to publish defamatory material in the course of its duties as a matter of law.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.