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Towne v. Cope

233 S.E.2d 624 (1977)

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Towne v. Cope

North Carolina Court of Appeals
233 S.E.2d 624 (1977)

Facts

Donald Towne (plaintiff) was wanted in New Hampshire for abducting his three children. Kenneth Cope (defendant), a law-enforcement officer, arrested Towne in North Carolina and took him to jail. Cope told the sheriff that Towne was a nutty right-wing extremist; that he tried to bribe a witness; that he beat his children and they were dirty and half-starved, had lice, and had insect bites all over them; that he skipped out on debts; that he had a violent history; and that he said he would kill his children and himself if his ex-wife tried to find him. Towne sued Cope and sought compensatory and punitive damages for defamatory statements made with malice. Cope asserted the affirmative defense of qualified privilege, and the court granted his motion to dismiss for failure to state a claim. Towne appealed.

Rule of Law

Issue

Holding and Reasoning (Hedrick, J.)

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