A skeptical Supreme Court panel heard arguments Oct. 16 about why statements made to state police should – or should not – enjoy absolute immunity from a defamation suit, like statements made in court or during a legislature hearing.
The plaintiff is Gary Gallo, a state Department of Social Services employee, who passed by his supervisor, Michael Barile, while leaving his workplace for a short walk on March 27, 2002. Gallo thought Barile’s friendly greeting was facetious. For the previous nine months, Gallo had been filing union grievances against Barile, on grounds he was fostering a hostile workplace.
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