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Hoffler v. Colorado Department of Corrections

Common law privilege that grants absolute immunity to witnesses in quasi-judicial proceedings did not bar disciplinary proceedings brought against state employee who made false statements in course of official investigation into sexual harassment allegedly committed by co-worker.

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The full case caption appears at the end of this opinion.

We granted certiorari to review the court of appeals’ opinion in Hoffler v. Colorado Department of Corrections, 7 P.3d 989 (Colo. App. 1999). Patricia Hoffler, an employee at the Colorado Department of Corrections, provided statements to the department in the course of an investigation of a co-employee’s sexually harassing conduct. Hoffler initially alleged that the co-employee sexually harassed her. She later recanted these allegations, and testified at an administrative hearing that she had not been sexually harassed. Based on Hoffler’s conflicting statements given during the investigation the department terminated her employment. Hoffler challenged her termination, arguing that her statements regarding the alleged sexual harassment were protected by common-law privilege and thus could not be used in disciplinary proceedings brought against her. An administrative law judge disagreed, and this decision was subsequently affirmed by the State Personnel Board and the court of appeals.

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