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MORGAN v. KOOISTRA

941 A.2d 447 (2008)

2008 ME 26

Matthew L. MORGAN v. John KOOISTRA et al.

Supreme Judicial Court of Maine.

Decided: February 5, 2008.

Attorney(s) appearing for the Case

Mark E. Dunlap, Esq. (orally), Norman, Hanson & DeTroy, LLC, Portland, ME, for John Kooistra, Terry Walsh and the City of Portland.

Jodi L. Nofsinger, Esq. (orally), Robert H. Furbish, Esq., Berman & Simmons, Lewiston, ME, for Matthew Morgan.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ.

ALEXANDER, J.

[¶ 1] John Kooistra and Terry Walsh appeal the denial of their motions for summary judgment by the Superior Court (Cumberland County, Cole, J.) on Matthew L. Morgan's complaint for defamation. Kooistra and Walsh argue that: (1) they each are entitled to discretionary function immunity pursuant to the Maine Tort Claims Act (the MTCA), 14 M.R.S. § 8111(1)(C) (2007); (2) they each qualify for intentional act immunity pursuant to the MTCA...

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