Donald Heavrin v. David Nelson

OPINION

DAVID A. NELSON, Circuit Judge.

This is an appeal from the dismissal of a complaint for failure to state a claim upon which relief can be granted. The complaint purported to assert state-law causes of action for fraud, perjury, and outrage based on the defendants’ having filed allegedly false proofs of claim in a bankruptcy proceeding and having given allegedly false testimony in a criminal trial. Because statements contained in legal pleadings and testimony given in legal proceedings are privileged under Kentucky law, and because we are not persuaded that the privilege is inapplicable…