Rotkiewicz v. Sadowsky

The defendant appeals from a judgment in an action for defamation and intentional infliction of emotional distress. The issue presented in this appeal is whether the plaintiff, a police officer, is a “public official” for purposes of defamation claims, and is therefore required to prove that the defendant made defamatory statements with “actual malice.” See New York Times Co. v. Sullivan, 376 U.S. 254, 279-280 *749(1964). We conclude that the plaintiff was a public official and therefore, because the judge did not give an instruction on the “actual malice” standard of proof, we reverse and remand…