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Goolden v. Wardak

Defamation Per Se Counterclaim Sufficiently Pleaded in Suit Charging Sexual Assault, Rape

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OPINION AND ORDER Plaintiff/Counterclaim Defendant Sarah Goolden (“Plaintiff”) brings this action against Defendant/Counterclaim Plaintiff Hamed Warzak (“Defendant”), alleging sexual assault and rape. In the instant motion, Plaintiff moves to dismiss Defendant’s counterclaim, alleging defamation per se pursuant to Federal Rule of Civil Procedure 12(b)(6). The Plaintiff argues that the challenged allegations in the counterclaim (“CC”) are absolutely privileged as a matter of law and therefore cannot form the basis of a defamation claim. The Defendant argues that the challenged allegations fall within the Williams exception where statements made maliciously and solely for the purpose of defaming the defendant are not protected by the absolute privilege rule. For the reasons set forth below, this Court finds that the Defendant has sufficiently pleaded facts in his counterclaim alleging that the Plaintiff’s sole motive was to defame him and therefore her allegations are not absolutely privileged as a matter of law. Therefore, the Plaintiff’s motion to dismiss the counterclaim is hereby DENIED. BACKGROUND I. Statement of Facts The Court assumes the Parties’ familiarity with the facts, which are set forth more fully in the Complaint (“Compl.”). ECF No. 1. The Plaintiff alleges that the Defendant sexually assaulted and raped her shortly after their engagement. See Compl.

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