Viewing the evidence in the light most favorable to plaintiff-police officer, no reasonable fact finder could find by clear and convincing evidence that defendant knew his newsletter, which alleged perjury by plaintiff, was false or that he published it with reckless disregard for its truth; thus, plaintiff failed to demonstrate the required "actual malice" necessary to maintain a defamation action against a public official, and it was error to deny defendant's motion for summary judgment.
May 17, 2004 at 12:00 AM
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