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STATE COURT GRANTS COMPLETE DISMISSAL OF PLAINTIFF’S DEFAMATION AND FREEDOM OF INFORMATION ACT CASE.

Published: April 09, 2012

On April 9, 2012, the Genesee County Circuit Court granted summary disposition in favor of Clayton Township, its Chief of Police, several police officers and its former Freedom of Information Act (“FOIA”) Coordinator. All Defendants were defended by McGraw Morris P.C. attorneys Thomas J. McGraw and Christopher J. Raiti. Plaintiff, the former Chief of Police for Clayton Township, claimed that several police officers defamed him by providing statements during an internal investigation that was conducted by the Michigan State Police and by asking the Township Board to investigate whether copies of their personnel files were taken. Plaintiff also claimed that Defendant FOIA Coordinator and the Chief of Police violated FOIA by not providing certain information in response to a FOIA request by his attorney and by disclosing information about him to another requestor. The Court disagreed, ruling that Plaintiff’s claims were completely without merit. The Court also ruled that several of Plaintiff’s claims were barred by the statute of limitations and, even if they were not, all of the officers’ statements were privileged because they were made in the course of a law enforcement investigation. Additionally, the Court held that the officers were entitled to governmental immunity on the same defamation claims. Finally, the Court ruled that dismissal of Plaintiff’s FOIA claims was proper because FOIA does not provide for liability against individuals.

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