Harwood v. McMurtry

FORD, District Judge.

This case is submitted upon the plaintiff’s demurrer to an amended answer filed on July 16, 1937. The question raised by the demurrer to which the parties, in their briefs, especially direct the court’s attention, is whether the law affords a public officer absolute protection and immunity from liability on account of a false statement maliciously made in a communication to his superior when such statement is made in the course and discharge of official duties and is pertinent and relevant thereto.

In the case of Spalding v. Vilas, 161 U.S. 483, 16 S.Ct. 631, 40 L.Ed. 780,…