Zutz v. Kamrowski

Summary

The North Dakota Supreme Court affirmed dismissal of a defamation action against a contract investigator and investigative agency. Applying Minnesota law, the court held that statements in the investigator’s report to the Marshall County Attorney were subject to an absolute privilege because they were integral to the county attorney’s official investigative and advisory functions. The court also treated the dismissal motion as one for summary judgment because materials outside the pleadings had been submitted and not excluded.

Holdings

1. When matters outside the pleadings are presented in response to a motion to dismiss and are not excluded by the district court, the motion must be treated as a motion for summary judgment.
2. Minnesota law governs the plaintiffs' defamation claims.
3. Statements made by a contract investigator in a report to a county attorney, prepared in response to the county attorney's request and as part of the county attorney's official function, are protected by an absolute privilege under Minnesota law.

Questions Presented

1. Whether the motion to dismiss should be reviewed as a motion for summary judgment because the parties submitted materials outside the pleadings.
2. Whether Minnesota law governed the plaintiffs' defamation claims.
3. Whether statements made by a private contract investigator in an investigative report prepared for a county attorney were protected by an absolute privilege under Minnesota law.
4. Whether the defendants were entitled to dismissal notwithstanding the plaintiffs' allegations that the report contained false and defamatory statements.

Disposition

affirmed