Is a witness immune from a defamation claim if he provides evidence that implicates the owner of a factory?

MultiRegion, United States of America

The following excerpt is from Boice v. Unisys Corp., 50 F.3d 1145 (2nd Cir. 1995):

Similarly, in Newfield v. Copperman, 42 N.Y.Super.Ct. 302 (1877), a fire marshal subpoenaed a witness, and questioned him about the origins of a factory fire. The witness responded with evidence implicating the factory owner. The factory owner sued the witness for defamation, alleging that the witness's accusations were both false and malicious. See id. at 304. Newfield held that the witness was absolutely immune from the defamation suit because the fire marshal had jurisdiction to make the inquiry, the witness did not initiate the investigation, the testimony was compelled by subpoena, and the witness's responses were material and relevant to the inquiry. See id. at 305.

Other Questions


Is there a difference between the testimony of a witness and the evidence of evidence of the witness's free will? (Canada (Federal), Canada)
Does a claim in a pro se pleadings, motions and/or/opposition constitute evidence where the claim is based on personal knowledge of facts admissible in evidence? (MultiRegion, United States of America)
What is the effect of providing medical services provided by a private medical practice provider on a plaintiff's claim for wrongful death under the New York Workmen's Compensation Law? ("New York", United States of America)
Is there any case law where a plaintiff has been unable to provide statistical evidence to support their claim? (MultiRegion, United States of America)
Does the use of testimony under the federal immunity statute apply to the prosecution of an immunized witness? (MultiRegion, United States of America)
Does a claimant have to provide supporting evidence to support their claim? (Canada (Federal), Canada)
What is the legal test for evidence that supports the argument that an expert can provide evidence in an administrative record review? (MultiRegion, United States of America)
In a federal habeas review of a claim of insufficient evidence, what is the meaning of the phrase "all evidence must be considered in the light of the prosecution"? (MultiRegion, United States of America)
Can we reverse if the evidence supports the reasonable inference that by giving a nod to a witness that the witness was guilty of perjury? (MultiRegion, United States of America)
What is the test for obtaining an affidavit that provides evidence of a crime committed by a witness? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.