Richard Brock Hill v. State of Tennessee

Richard Brock Hill, a former Deputy Commissioner of the Tennessee Department of Environment and Conservation (TDEC), brought an action for defamation against the State regarding statements made in connection with a sexual harassment investigation that resulted in the termination of his employment. The Claims Commission dismissed the complaint for failure to state a claim. In reaching this conclusion, the Claims Commission analyzed the potentially defamatory statements and concluded that each statement was time-barred and/or failed as to an essential element of a defamation claim. Regarding statements contained in an “Investigation Summary Memorandum,” the Claims Commission also concluded that Mr. Hill’s defamation claim failed because the document was prepared by a Deputy Commissioner and was, accordingly, protected by absolute executive privilege. We conclude that Mr. Hill adequately alleged defamation such that dismissal of his claim was error and that the existent record and filings do not support a conclusion that, as a matter of law, absolute executive privilege protects the statements contained in the Investigation Summary Memorandum. We reverse and remand for further proceedings.