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CHAMBERLAIN v. CITY OF PORTLAND

9910-10739; A114690

56 P.3d 497 (2002)

184 Or.App. 487

Scott CHAMBERLAIN, Appellant, v. CITY OF PORTLAND, a municipal corporation, Respondent, and Suzanne Whisler, Defendant.

Court of Appeals of Oregon.

Decided October 23, 2002.

Attorney(s) appearing for the Case

Philip C. Gilbert argued the cause and filed the reply brief for appellant. On the opening brief was Michael R. Dehner.

Harry Auerbach, Senior Deputy City Attorney, City Attorney's Office, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

SCHUMAN, J.

In this defamation case, the trial court granted defendant City of Portland's motion for summary judgment based on an affirmative defense of absolute privilege. Plaintiff appeals, contending that the alleged defamer, a Portland police sergeant, did not hold a position that would entitle her to the absolute privilege and that, if she did, she did not qualify for the privilege in this case because the alleged defamation was not the exercise of a discretionary...

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