RELATED: Former magistrate sues judge and prosecutors
Stephens, Gmoser and Ferguson asked the court to toss the case on numerous grounds but primarily because anything they may have said is protected opinion.
Edelstein disagrees.
“Even if their statements were considered opinion, if the statements implied facts or the speakers presented themselves as having a certain position which qualified them to give references regarding plaintiff, the listener would naturally believe these public officials and their ‘opinions’ are as damaging as an assertion of fact,” she wrote. “The protection defendants claim is lost.”
MORE: Butler County officials want federal lawsuit dismissed
About the Author