Michael Harlow v. State of Minnesota Department of Human Services

I join in Part I of the court’s opinion regarding the Minnesota Government Data Practices Act. I also agree with the court’s conclusion in Part II of its opinion that David Proffitt is not entitled to absolute privilege, and the court’s corollary decision to remand the case for the court of appeals to determine whether a qualified privilege shields Proffitt from liability in this case. I do not agree, however, with the court’s decision to provide Deputy Commissioner Anne Barry with an absolute privilege. The court’s opinion represents a significant and unprecedented extension of absolute…