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Tuesday, May 26, 2026

Can defamatory comments be made in the scope of employment? - HRD America

City of Shenandoah, employees, and officials accused of slander

In a recent case, the Court of Appeals for the First District of Texas decided that a defendant was not liable because he was acting within his scope of employment when he made allegedly defamatory remarks against the plaintiff.

The plaintiff stated the following allegations in the present case. The matter arose after he filed a lawsuit alleging slander against the defendant, the city attorney for the City of Shenandoah, and against other city employees and elected officials.

The agenda for the Apr. 27, 2022 city council meeting included this slander lawsuit and listed the suit as an item for discussion in a closed executive session. During the meeting’s public portion, the mayor requested a “city attorney update” from the defendant.

The defendant publicly gave the update and discussed the slander lawsuit. Allegedly, he failed to address the suit’s merits or subject matter and instead commented on his preliminary findings regarding the suit, namely that several courts had sanctioned the plaintiff and that the Commission for Lawyer Discipline had brought a petition against him.

The present case concerned a second slander lawsuit, this time filed against the defendant individually. The plaintiff claimed that the defendant made defamatory comments about him and about his law practice to the city council at the Apr. 27 public meeting.

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