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DeLong v. Yu Enterprises, Inc.

Citations: 47 P.3d 8; 334 Or. 166; 2002 Ore. LEXIS 377Docket: CC 16-97-03468; CA A103729; SC S48281

Court: Oregon Supreme Court; May 31, 2002; Oregon; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Supreme Court of Oregon addressed a defamation case involving a dispute over whether a police report regarding alleged misconduct at a motel was protected by qualified or absolute privilege. The petitioner, a former motel manager, was implicated in a report made by the respondents to the police, which led to charges that were later dismissed. The petitioner then pursued a defamation and malicious prosecution claim. The trial court held that the report was subject to qualified privilege, allowing the case to proceed to a jury, which found in favor of the petitioner on the defamation claim but against them on the malicious prosecution claim. The Court of Appeals reversed this decision, ruling the report to be absolutely privileged. However, upon review, the Supreme Court reinstated the trial court's ruling, emphasizing that the qualified privilege requires the plaintiff to demonstrate actual malice, whereas absolute privilege is reserved for formal judicial proceedings. The court underscored that qualified privilege applies to informal police communications, promoting honest reporting while guarding against malicious defamation. Consequently, the Supreme Court reversed the appellate decision, affirming the trial court's judgment in favor of the petitioner on the defamation claim.

Legal Issues Addressed

Absolute Privilege in Judicial Proceedings

Application: The court reaffirmed that absolute privilege is typically limited to legislative and judicial proceedings where public interest outweighs individual reputation concerns.

Reasoning: Absolute privilege is narrowly defined, typically limited to legislative and judicial proceedings, where public interest in governmental function outweighs individual reputation concerns.

Application of Qualified Privilege to Police Communications

Application: Informal statements made to police prior to criminal proceedings are protected by qualified privilege, requiring good faith to prevent abuse.

Reasoning: Conversely, informal statements to police are conditionally protected, requiring good faith to prevent abuse of privilege.

Qualified Privilege in Defamation Claims

Application: The court determined that only a qualified privilege applies to informal police reports, requiring the plaintiff to prove actual malice.

Reasoning: The Supreme Court concluded that only qualified privilege applied to the informal police report made by the defendant, reversing the Court of Appeals' decision and affirming the trial court's judgment.