Zerr v. Johnson

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

This defamation action is before me on defendant Nancy Jo Johnson’s motion to dismiss for lack of subject matter jurisdiction. As a public school principal and state employee, Johnson contends both that her statements about plaintiff Mylene Rae Zerr were privileged and that Zerr’s claims are barred by the Colorado Governmental Immunity Act (“GIA”), Colo.Rev.Stat. §§ 24-10-101 et seq. Zerr argues the GIA is inapplicable because Johnson’s actions fall within the exception for “willful and wanton” or, if the GIA is applicable, that she…