Harris v. Riggenbach

Summary

The Supreme Court of South Dakota affirmed summary judgment in favor of an attorney in a defamation action arising from an affidavit concerning alleged child abuse in custody and visitation proceedings. The court held that the affidavit was absolutely privileged under SDCL 20-11-5(2) because it was made in connection with a judicial proceeding. The privilege also barred related negligence and emotional-distress claims based on the same conduct.

Holdings

1. An affidavit prepared for and used in a judicial proceeding is absolutely privileged when it was made in the proceeding, had a logical connection to the action, was intended to advance the litigation, and involved litigants or other legally authorized participants. The privilege applied to Riggenbach's affidavit and excluded Cline from liability.
2. Absolute privilege or immunity under defamation law barred Harris's negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, and related claims because they were based on the same facts as the privileged defamation claim.

Questions Presented

1. Whether SDCL 20-11-5(2) barred Harris's defamation claim against Cline by providing an absolute privilege for communications made in a judicial proceeding.
2. Whether summary judgment was proper on Harris's negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, and contribution-related claims when those claims were based on the same facts as the privileged defamation claim.

Disposition

affirmed