Sandholm v. Kuecker

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Plaintiff, hired as a public school basketball coach in 1999, and made athletic director in 2003, was fired as coach in 2008, following a campaign based on his allegedly abusive and bullying style of coaching. He filed suit for defamation, false light invasion of privacy, civil conspiracy to intentionally interfere with prospective business advantage, and slander per se. The trial court dismissed as a Strategic Lawsuit Against Public Participation under the Citizen Participation Act, 735 ILCS 110/15. The appellate court affirmed. The Supreme Court reversed. The purpose of the Act is to protect citizens who are attempting to speak freely or petition government from retaliatory meritless lawsuits, intended to chill exercise of constitutional rights and impose burdensome expenses. The special summary dismissal under the Act, without discovery, allows attorney fees. For SLAPP protections to apply, plaintiff's claim must be solely based on the movant's rights of petition, speech, association, or participation in government. The Act is not intended to apply to tortious acts and does not create a new privilege concerning defamation. It is possible that defendants could spread lies about plaintiff while at the same time genuinely petitioning government for redress, but such a situation cannot support dismissal as a SLAPP.View "Sandholm v. Kuecker" on Justia Law