Thomas v. Sumner, 341 P.3d 390

Def Captain Chad Thomas sues Julie Sumner and Nicole Rosenberger for defamation per se related to a report about suspected child abuse.
Rosenberger (counselor) and Sumner (mother) sought summary judgment; district court granted both motions.
The CPS Act immunity under Wyoming law and the good-faith presumption governed immunity analysis.
GT, born 2002, reported that Thomas watched and washed him during showers, including genitals.
Rosenberger reported GT’s statements to police and USAF investigators; Sumner claimed not to have personally reported digital penetration.
District court held Rosenberger immune under §14-3-209; Sumner immune for participation; Thomas appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Rosenberger had reasonable suspicion to trigger immunity	Thomas contends no reasonable suspicion	Rosenberger acted on GT’s statements and reasonable suspicion	Yes; Rosenberger had reasonable suspicion and is immune
Whether Sumner is immune for participation in the investigation	Thomas argues bad faith and lack of immunity	Sumner acted in good faith and within §14-3-209 scope	Yes; Sumner immune for participation
Whether Thomas showed Sumner made false statements to outsiders to defeat defamation claim	Sumner lied about digital penetration and reporting	Statements were truthful restatements of GT’s disclosures	No genuine issue; Sumner’s statements truthful; defamation claim fails

Elmore v. Van Horn, 844 P.2d 1078 (Wy. 1992) (immunity under CPSA §14-3-209 despite negligence not defeating good faith)
May v. Southeast Wyoming Mental Health Center, 866 P.2d 732 (Wy. 1993) (blanket immunity for reporters and investigation participants)
Tschirgi v. Lander Wyoming State Journal, 706 P.2d 1116 (Wy. 1985) (substantial truth defense to defamation)
Elmore, 844 P.2d 1078 (Wy. 1992), - (Wy. 1992) (citational reference for good faith presumption under CPSA)
Jones v. Schabron, 113 P.3d 34 (Wy. 2005) (speculation not sufficient to create issue of material fact)