Appellant, a firefighter with the Columbus, Georgia, Fire Department, instituted the instant action for libel and slander, invasion of privacy, and deprivation of her civil rights, naming as defendants the City of Columbus, Georgia, and three individual Columbus officials. The trial court granted summary judgment in favor of all defendants as to all counts of the complaint. Appellant appeals.
Appellant’s lawsuit arose out of an administrative action, the purpose of which was to discipline and demote Jefferson Amerson, who was then First Assistant Chief of the Columbus Fire Department. During the course of the departmental investigation of Amerson, several persons gave written statements regarding his conduct. These written statements were orally reiterated during testimony before the Personnel Review Board at two hearings held to review the disciplinary action taken against Amerson. Some of the statements concerned the presence of Amerson and appellant at a local night club, and other statements related to the conduct of appellant and Amer-son at a Georgia State Firemen’s Association convention held on Jekyll Island. In appellant’s view, these statements implied that appellant, who was married, engaged in sexual misconduct with Amer-son, who was also married.
1. With regard to the libel and slander count, appellant contends that the written statements and the oral testimony relating thereto falsely charged her with the crime of adultery. Therefore, appellant maintains, she is entitled to a recovery against appellees without any showing of special damages. OCGA § 51-5-4 (a) (1).
An examination of the record reveals that appellant has admitted her presence with Amerson at a Columbus night club, her drinking and dancing with Amerson at the firemen’s convention, and her being in his company during most of their visit to Jekyll Island. Accordingly, none of the written or oral remarks about these particular ac
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tivities can support appellant’s libel and slander claims. See
Bennett v. Wilkes Publishing Co.,
Two of the written statements, one of which was reiterated during oral testimony, refer to Amerson’s and appellant’s being “hugged up with each other” or “wrapped up with each other” in public at the convention. Whether considered with or without innuendo, these words do not rise to the level of imputing the crime of adultery to appellant. OCGA § 16-6-19 provides that “[a] married person commits the offense of adultery when he [or she] voluntarily has sexual intercourse with a person other than his [or her] spouse . . .” The statements in question do not imply that appellant and Amerson engaged in such conduct. See Southard v. Forbes, Inc., 588 F2d 140 (1979);
Anderson v. Fussell,
There remains only the statement of appellee Watson, which provides, in pertinent part: “Chief Amerson reported to me that he and his wife were having [marital] problems concerning his involvement with Mrs. Denise Meyer . . . He said that rumors had been started that he and Denise [Meyer] were involved with one another . . .” This statement, unlike those discussed above, might reasonably be interpreted in its overall context to impute the crime of adultery to appellant, and thus could be actionable without a showing of special damages. However, assuming without deciding that Watson’s statement was published, it was privileged under OCGA § 51-5-7. “ ‘To make the defense of privilege complete,. . . good faith, an interest to
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be upheld, a statement properly limited in its scope, a proper occasion, and publication to proper persons must all appear.’ [Cit.]”
Mewbourn v. Harris,
Appellant contends, however, that the cloak of privilege has been abrogated by appellees’ malice. OCGA § 51-5-9. “On a motion for summary judgment in an action for libel, a movant defendant must negate a plaintiffs claim of actual malice by establishing that he lacked ‘ “knowledge that (the defamatory matter) was false or [did not publish it] with reckless disregard as to whether it was false or not.” New York Times v. Sullivan,
2. Appellant also enumerates as error the grant of summary judgment in favor of appellees on her claim of invasion of privacy. It is true that Georgia law protects against “ ‘. . . the publicizing of one’s private affairs with which the public [has] no legitimate concern.’ [Cits.]”
Gouldman-Taber Pontiac v. Zerbst,
3. The trial court also granted summary judgment in favor of appellees on appellant’s civil rights claim brought pursuant to 42 USC § 1983. While the state action necessary to support such a claim may exist in the instant case, the requisite deprivation of a federally protected right does not. Defamation is not sufficient in itself to establish a claim cognizable under 42 USC § 1983. Paul v. Davis,
4. Appellant further enumerates as error the trial court’s refusal to allow her to depose lead counsel for appellees. The defense attorney maintained that any information he possessed constituted either work product or trial preparation materials, and thus was not subject to discovery. Since appellant made no showing of substantial need or undue hardship, we cannot say that the trial court abused its broad discretion by granting the attorney’s motion to quash the subpoena. See
Ga. Intl. Life Ins. Co. v. Boney,
Judgment affirmed.