Jane Doe v. Taos Municipal Schools
Case Details
- Nature of Suit
- 440 Civil Rights: Other
- Status
- Unknown
- Procedural Posture
- motion to dismiss
- State
- New Mexico
- Circuit
- 10th Circuit
Related Laws
No specific laws identified for this ruling.
Outcome
Court denied defendant Walmart's motion to dismiss the defamation claim, finding that the prescriptive period may have tolled during the criminal prosecution, though the court made no final determination on timeliness.
Similar Rulings
<bold>Libel and Slander — Report of suspected child abuse — presumption of good</bold> <bold>faith — actual malice</bold> <block_quote> Although plaintiff-customer contends defendant-salesperson reported plaintiff's behavior of suspected child abuse or neglect to the Department of Social Services based on retaliatory motives, the Court of Appeals erred in reversing summary judgment in favor of defendants on the slander per se claim because: (1) N.C.G.S. § 7A-543 (now N.C.G.S. § <cross_reference>7B-301</cross_reference>) imposes an affirmative duty for anyone with cause to suspect child abuse or neglect to report that conduct; (2) N.C.G.S. § 7A-550 (now N.C.G.S. § <cross_reference>7B-309</cross_reference>) provides immunity from liability to those who act in accordance with the reporting statute and presumes the reporter's good faith; and (3) plaintiff did not meet her burden under N.C.G.S. § <cross_reference>8C-1</cross_reference>, Rule 301 to show defendant's bad faith or actual malice.</block_quote>
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