O'Connor v. Smith

OPINION

Epstein, J.

This is a libel action by one State official against another. This intergovernmental libel claim is before us on the Respondents’ misdesignated section 2 — 615 motion to dismiss which asserts, alternatively, the defenses of absolute privilege and qualified privilege of public officials for intergovernmental communications within the scope of their official duties. Without objection by, nor prejudice to, the Claimant, Respondents’ motion is treated as a section 2 — 619 motion. For this purpose the well pleaded facts alleged in the complaint must be taken as true.1

Also before…