Legal Opinion

Barreca v. Nickolas

Supreme Court of Iowa

Decided June 16, 2004No. 03-0439PublishedCited by 85 opinions

1Opinion of the Court

STREIT, Justice.

While presiding at a public meeting, a Davenport alderman repeated an anonymous informant’s false allegation that illicit and nefarious activities — involving minors, thongs, and water — were afoot at a local teen dance club. The club and one of its owners sued for defamation and intentional infliction of emotional distress. The district court dismissed both claims on summary judgment.

We reverse the grant of summary judgment on the defamation claim because there is a genuine issue of material fact as to whether the alderman abused his qualified privilege. We affirm dismissal…

2Cases cited57 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. St. Amant v. ThompsonSupreme Court of the United States · 1968
  4. Garrison v. LouisianaSupreme Court of the United States · 1964
  5. Herbert v. LandoSupreme Court of the United States · 1979

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3Cited by85 opinions

  1. Kennedy v. Sheriff of East Baton RougeSupreme Court of Louisiana · 2006
  2. State of Iowa v. David Lee MillerSupreme Court of Iowa · 2014
  3. Phillip E. Jones v. University of Iowa the Board of Regents for the State of Iowa Sally Mason, President of the University of Iowa and Individually and the Stolar Partnership, LLPSupreme Court of Iowa · 2013
  4. Otterberg v. Farm Bureau Mutual Insurance Co.Supreme Court of Iowa · 2005
  5. In Re Methyl Tertiary Butyl Ether Products Liability LitigationDistrict Court, S.D. New York · 2005

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