Abercrombie v. McClung

OPINION OF THE COURT BY

KOBAYASHI, J.

This is an appeal by State Senator David C. McClung (appellant) from a denial of the trial court of appellant’s motion for summary judgment filed in a slander suit brought by Neil Abercrombie (appellee).

We reverse.

The appellant contends that the statements made by him, in his legislative office next to the Senate chambers during an interview by a newspaper reporter elaborating on a speech made by the appellant to the Senate assembled, can be construed as an exercise of his legislative function and thus absolutely privileged.

The appellant, in his capacity as…