Minke v. City of Minneapolis
845 N.W.2d 179
| Minn. | 2014Background
- Minke worked as a Minneapolis Community Service Officer (CSO) (Oct 2006–Dec 2007) and later applied to other police departments after resigning.
- Minke authorized a background check by Mounds View PD and identified Sgt. Janice Callaway as a reference; Mounds View interviewed Callaway.
- Minke alleges Callaway made defamatory statements about his honesty, character, work ethic, and performance, and that Mounds View declined to hire him as a result.
- Minke sued Callaway and the City for intentional interference with prospective economic advantage and for defamation; district court dismissed the interference claim but allowed the defamation claim to proceed.
- Both the district court and the court of appeals held absolute privilege did not apply because providing recommendations for former CSOs was not an essential job duty of Callaway; this Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether absolute privilege bars Minke's defamation claim | Callaway's statements arose from official duties and should be absolutely privileged | Absolute privilege should apply (as in arrest-report context) to shield officer from liability | Absolute privilege does not apply; qualified privilege governs |
Key Cases Cited
- Matthis v. Kennedy, 243 Minn. 219, 67 N.W.2d 413 (Minn. 1954) (distinguishes absolute and qualified privileges and limits absolute privilege)
- Peterson v. Steenerson, 113 Minn. 87, 129 N.W. 147 (Minn. 1910) (refuses universal extension of absolute privilege to all public officers)
- Carradine v. State, 511 N.W.2d 733 (Minn. 1994) (extends absolute privilege to arrest reports by state troopers based on specific policy factors)
- Bauer v. State, 511 N.W.2d 447 (Minn. 1994) (declines absolute privilege for employment evaluations by lower-level government employees)
- Zutz v. Nelson, 788 N.W.2d 58 (Minn. 2010) (cautions that absolute privilege is narrow and granted only when public policy strongly favors it)
- Stuempges v. Parke, Davis & Co., 297 N.W.2d 252 (Minn. 1980) (recognizes qualified privilege for employment references)