Carroll v. City of Portland

[¶ 1] Charles Carroll appeals from a summary judgment entered in the Superi- or Court (Cumberland County, Cole, J.) in favor of Scarborough Police Officer Joseph Giacomantonio on Carroll’s defamation claim. Carroll contends that the court erred in concluding that: (1) no genuine dispute of material fact existed; and (2) Giacomantonio was immune from liability under the Maine Tort Claims Act (“MTCA”), 14 M.R.S.A. §§ 8101-8118 (1980 & Supp.1998).1 We conclude that Giacomantonio failed to sustain his burden of proving that he was entitled to immunity under the MTCA, and therefore vacate the…