Thursday, March 8, 2012

Judge dismisses priest's defamation suit


From New Mexico-

The New Mexico Supreme Court has made the grounds more restrictive for defamation cases by ruling against an Episcopal priest who sued four parishioners for accusing him of pedophilia.

State District Court Judge Nan Nash dismissed the Rev. Walter F. Smith III's lawsuit, ruling he had not demonstrated an injury to his reputation.

The state Court of Appeals in 2010 overturned Nash's ruling, finding that "humiliation and mental anguish is sufficient to establish actual injury for liability purposes in a defamation action."

But on Monday, the state Supreme Court unanimously reversed the appellate court, effectively upholding Nash's decision.

"Evidence of humiliation and mental anguish, without evidence of actual injury to reputation, is insufficient to establish a cause of action for defamation," said the opinion written by Justice Patricio Serna.

Smith, a former priest at St. Francis Episcopal Church in Rio Rancho, sued St. Francis vestry members Will Durden and William DeVries and their spouses, Denise Durden and Marion DeVries, over a packet of information they prepared for the Standing Committee of the Diocese of the Rio Grande.

More here-

http://www.santafenewmexican.com/Local%20News/Judge-dismisses-priest-s-defamation-suit

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