Rouch v. Enquirer & News of Battle Creek

*160Brickley, J.

In this case, arising out of an alleged false newspaper defamation of a private individual who was arrested but not formally charged for rape, it is necessary to determine the applicability of Michigan’s statutory "public and official proceedings” statute, MCL 600.2911(3); MSA 27A.2911(3), and the viability of its common-law qualified public-interest privilege. Because this case was decided on the basis of summary judgment, only these privilege questions are before us.

I. INTRODUCTION

The facts in this case are undisputed. On December 21, 1979, the Emmett Township police arrested…