Cloud v. McKinney

228 S.W.3d 326 · Texas Court of Appeals, 3rd District (Austin) · 2007

Facts

A lottery employee filed a complaint against lottery commissioner Walter Criner. Linda Cloud, the executive director for the lottery, was informed of the allegations by her staff. Mike McKinney, the governor's chief-of-staff, met with Cloud to discuss Criner's resignation. Cloud later told a reporter she did not know about the allegations and had not discussed them with the governor's office, but then testified before the Sunset Commission that she had discussed them with "the governor's office." A reporter questioned McKinney about his meeting with Cloud, and McKinney denied discussing the allegations, stating, "I wouldn't do that... Frankly, she's hired help." Cloud resigned, feeling her integrity was impugned, and filed a defamation lawsuit against McKinney. Kathy Walt, a spokesperson for Governor Perry's re-election campaign, told a reporter that Cloud had "lied repeatedly" regarding the defamation suit, leading Cloud to add Walt to her lawsuit.

Issue

Did the district court err in granting summary judgment for Mike McKinney based on official immunity? Did the district court err in granting summary judgment for Kathy Walt due to a lack of evidence of actual malice, given Cloud's status as a public official?

Holding

The district court did not err in granting summary judgment for Mike McKinney on the grounds of official immunity. The district court also did not err in granting summary judgment for Kathy Walt due to a lack of evidence of actual malice. The judgments of the district court are affirmed.

Rule

Official immunity shields public employees from personal liability if they are performing discretionary duties within the scope of their authority and in good faith. Good faith is established if a reasonably prudent employee, under the same circumstances, could have believed their conduct was justified based on the information they possessed. For defamation claims involving a public official, the plaintiff must prove the defendant published a false, defamatory statement with actual malice, meaning the statement was made knowing it was false or with reckless disregard for its truth. A public official is an employee with substantial responsibility for or control over governmental affairs, or holding an office of apparent public importance.

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