{ "id": 5596802, "name": "PATRICIA KRUEGER, Plaintiff-Appellant, v. MARY ANN LEWIS, Defendant-Appellee", "name_abbreviation": "Krueger v. Lewis", "decision_date": "2005-08-04", "docket_number": "No. 1\u201404\u20143472", "first_page": "515", "last_page": "526", "citations": [ { "type": "official", "cite": "359 Ill. App. 3d 515" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "753 N.E.2d 404", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 2001, "pin_cites": [ { "page": "407" }, { "page": "407" } ], "opinion_index": 0 }, { "cite": "323 Ill. App. 3d 1129", "category": "reporters:state", "reporter": "Ill. 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Super.", "case_ids": [ 320390 ], "year": 1990, "pin_cites": [ { "page": "554", "parenthetical": "adopting and interpreting section 590A of the Restatement" } ], "opinion_index": 0, "case_paths": [ "/nj-super/237/0550-01" ] }, { "cite": "40 P.3d 1128", "category": "reporters:state_regional", "reporter": "P.3d", "case_ids": [ 9475838 ], "weight": 5, "year": 2002, "pin_cites": [ { "page": "1132", "parenthetical": "adopting section 590A of the Restatement" }, { "page": "1132-33" }, { "page": "1132" }, { "page": "1133" }, { "page": "1134" } ], "opinion_index": 0, "case_paths": [ "/p3d/40/1128-01" ] }, { "cite": "782 F.2d 1033", "category": "reporters:federal", "reporter": "F.2d", "year": 1986, "pin_cites": [ { "parenthetical": "adopting section 590A of the Restatement" } ], "opinion_index": 0 }, { "cite": "606 F. Supp. 1566", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 3759888 ], "weight": 3, "year": 1985, "pin_cites": [ { "page": "1571" }, { "page": "1571-72" }, { "page": "1571", "parenthetical": "\"it is not necessary that a witness be subpoenaed in order to receive the protection of the privilege\" and it is \"irrelevant\" that a defendant's statement was not made in response to a specific question" } ], "opinion_index": 0, "case_paths": [ "/f-supp/606/1566-01" ] }, { "cite": "648 N.E.2d 875", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1994, "pin_cites": [ { "page": "878" } ], "opinion_index": 0 }, { "cite": "98 Ohio App. 3d 434", "category": "reporters:state", "reporter": "Ohio App. 3d", "case_ids": [ 1764814 ], "year": 1994, "pin_cites": [ { "page": "439" } ], "opinion_index": 0, "case_paths": [ "/ohio-app-3d/98/0434-01" ] }, { "cite": "215 Wis. 2d 326", "category": "reporters:state", "reporter": "Wis. 2d", "case_ids": [ 11690144 ], "weight": 2, "year": 1998, "pin_cites": [ { "page": "332" }, { "page": "453" } ], "opinion_index": 0, "case_paths": [ "/wis-2d/215/0326-01" ] }, { "cite": "178 N.E.2d 399", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1961, "pin_cites": [ { "page": "400", "parenthetical": "\" [c]ommunications absolutely privileged are those so much to the public interest that the informer should speak out his mind fully and fearlessly so that all actions in respect of words thus spoken are absolutely forbidden\"" } ], "opinion_index": 0 }, { "cite": "32 Ill. App. 2d 471", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 5232870 ], "year": 1961, "pin_cites": [ { "page": "473", "parenthetical": "\" [c]ommunications absolutely privileged are those so much to the public interest that the informer should speak out his mind fully and fearlessly so that all actions in respect of words thus spoken are absolutely forbidden\"" } ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/32/0471-01" ] }, { "cite": "683 N.E.2d 1286", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1997, "pin_cites": [ { "page": "1287" } ], "opinion_index": 0 }, { "cite": "291 Ill. App. 3d 559", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 456191 ], "year": 1997, "pin_cites": [ { "page": "561" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/291/0559-01" ] }, { "cite": "826 N.E.2d 449", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2005, "pin_cites": [ { "page": "455" } ], "opinion_index": 0 }, { "cite": "355 Ill. App. 3d 629", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3600315 ], "year": 2005, "pin_cites": [ { "page": "635" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/355/0629-01" ] }, { "cite": "823 N.E.2d 1123", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2005, "pin_cites": [ { "page": "1127" } ], "opinion_index": 0 }, { "cite": "355 Ill. App. 3d 645", "category": "reporters:state", "reporter": "Ill. 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App. 3d", "case_ids": [ 456191 ], "year": 1997, "opinion_index": 1, "case_paths": [ "/ill-app-3d/291/0559-01" ] }, { "cite": "342 Ill. App. 3d 467", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3474094 ], "weight": 2, "year": 2003, "pin_cites": [ { "page": "474" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/342/0467-01" ] } ], "analysis": { "cardinality": 1139, "char_count": 28278, "ocr_confidence": 0.778, "pagerank": { "raw": 7.736396272231105e-08, "percentile": 0.4550493098246268 }, "sha256": "51f908daf2693e0d90f743224e08ae84847d492ae4630051dd45dc9a7e81a268", "simhash": "1:3b2f19f42a6d0af5", "word_count": 4554 }, "last_updated": "2023-07-14T16:05:25.227457+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "PATRICIA KRUEGER, Plaintiff-Appellant, v. MARY ANN LEWIS, Defendant-Appellee." ], "opinions": [ { "text": "JUSTICE THEIS\ndelivered the opinion of the court:\nPlaintiff Patricia Krueger appeals from an order of the circuit court granting defendant Mary Ann Lewis\u2019 motion to dismiss plaintiffs complaint for defamation under section 2 \u2014 619 of the Illinois Code of Civil Procedure (the Code) (735 ILCS 5/2 \u2014 619 (West 2000)). Plaintiff argues that the trial court erred (1) in relying on an uncertified transcript of the Village of Lyons board meeting submitted by defendant in support of her motion to dismiss; and (2) in granting defendant\u2019s motion to dismiss after finding that defendant\u2019s statements at the meeting were absolutely privileged. We affirm.\nThe complaint, filed on August 3, 2001, alleges the following facts. Plaintiff held the position of village trustee of the Village of Lyons since April 20, 1999, and was a person of good reputation in her community. On June 19, 2001, defendant, \u201cmaliciously intending to injure [pjlaintiff in her good name and reputation,\u201d published at a televised Village of Lyons board meeting in the presence of an \u201caudience crowded with Lyons citizens and voters, a false and defamatory charge concerning [pjlaintiff.\u201d Defendant charged that plaintiff, \u201cin her capacity as a Village Trustee, *** had accepted a bribe to establish a [tax increment financing] district in the Village of Lyons, and that [p]laintiff was pocketing money from developers in exchange for [pjlaintiffs cooperation.\u201d Plaintiff requested that defendant repeat her statement and defendant did so. Defendant made the statement \u201cin full knowledge that [it was] untrue or in reckless disregard of [its] truth or falsity, and for the purpose of injuring plaintiff in her good name and business.\u201d Plaintiff further alleged that the statement imputed an inability to perform or want of integrity in the discharge of plaintiffs duties of office and imputed the commission of bribery, a criminal offense, constituting slander per se. Plaintiff alleged that as a result of this publication, she had been held \u201cin public hatred, contempt, and ridicule, and [was] injured in her good name and reputation.\u201d She further alleged that \u201c[a]t the time of the publication of her statement, the [defendant had made no reasonable effort to inquire as to the truthfulness of her claim that [pllaintiff accepted bribes.\u201d Plaintiff sought $50,000 in compensatory damages and $250,000 in punitive damages.\nDefendant then filed a motion to dismiss pursuant to section 2 \u2014 615 of the Code (735 ILCS 5/2 \u2014 615 (West 2000)), arguing, inter alia, that her statement was absolutely privileged. The trial court granted the motion to dismiss, finding the statement absolutely privileged because it was made at a legislative proceeding.\nPlaintiff then appealed to this court. In Krueger v. Lewis, 342 Ill. App. 3d 467, 794 N.E.2d 970 (2003), we reversed. We first found that plaintiff had sufficiently pled the elements of slander per se despite the fact that defendant\u2019s alleged defamatory statement was not placed in quotation marks in the complaint. Krueger, 342 Ill. App. 3d at 470-72, 794 N.E.2d at 972-74. We then addressed defendant\u2019s argument that her statement was absolutely privileged because she was a private citizen making the statement at a legislative hearing. This court discussed the application of an absolute privilege to legislative proceedings and adopted the absolute privilege as provided in section 590A of the Restatement (Second) of Torts (Restatement). Krueger, 342 Ill. App. 3d at 474-75, 794 N.E.2d at 976; Restatement (Second) of Torts \u00a7 590A (1977). In attempting to apply that privilege, this court determined that the complaint did not reveal the existence of an absolute privilege where it did not state the nature of the meeting, the business being conducted that day, whether defendant\u2019s comment had any relation to the meeting or whether defendant was a witness at that meeting. Accordingly, this court reversed the trial court\u2019s order granting defendant\u2019s section 2 \u2014 615 motion to dismiss and remanded this case to the trial court. Krueger, 342 Ill. App. 3d at 475, 794 N.E.2d at 976. The Illinois Supreme Court denied defendant\u2019s petition for leave to appeal on December 3, 2003. Krueger v. Lewis, 206 Ill. 2d 623, 806 N.E.2d 1066 (2003).\nOn remand, defendant filed a motion to dismiss under section 2 \u2014 619(a)(9) of the Code, arguing that defendant\u2019s statement was absolutely privileged. Defendant attached a transcript of the June 19, 2001, Village of Lyons board meeting transcribed from a videotape of the televised meeting, an agenda for that meeting and her affidavit. The agenda for the meeting stated that the \u201cCondemnation Metz Property #06-19-01-1\u201d was to be a topic of discussion. In her affidavit, defendant stated that she attended the Village of Lyons board meeting on June 19, 2001, because one of the items before the board was the Village\u2019s attempt to purchase or condemn the Metz property. Defendant stated that she was one of the owners of the Metz property.\nThe transcript of the June 19, 2001, board meeting reflects that the meeting was open to the public and televised. The trustees discussed issues and asked questions of each other throughout the meeting. The transcript also reveals that audience members frequently interrupted the hearing and the trustees to make comments or ask questions. On many occasions, the trustees responded directly to these audience members and answered their questions or comments. The trustees never instructed the audience not to interrupt the proceedings or told them to wait until the end of the hearing to make comments. At one point, a trustee called on a member of the audience to give a statement and answer questions concerning an issue before the board. On another occasion, when discussing a variance to a motel, the owner of the motel interrupted the trustees\u2019 discussion to ask if he could respond to the argument. A trustee responded, \u201c[i]n a minute\u201d and then allowed him to speak at length on the issue. The trustees asked him questions and continued their discussion.\nThe discussion then turned to the Metz property acquisition. A trustee read the ordinance aloud which stated that the Village of Lyons authorized negotiations and condemnations proceedings for the acquisition of the Metz property. The ordinance indicated that Kevin Close, Village manager, was authorized to further negotiate with the owners of the Metz property as to the compensation to acquire the Metz property. The following colloquy then occurred:\n\u201cPRESIDENT VACHATA: Excuse me, Trustee Krueger. There\u2019s a lot of people that have a lot to lose.\n* * *\nThere is not a lot to gain.\nTRUSTEE KRUEGER: A lot of people in this Village have a lot to gain, Marie, a lot to gain, and it\u2019s about time.\n* * *\nTRUSTEE GATZ: *** It is very important. We\u2019re talking about people\u2019s lives and income that we\u2019re trying to take away to give the money to the redeveloper to build 600 condominiums ***. The condominiums don\u2019t have to be there next year or the year after, so why the rush?\nTRUSTEE KRUEGER: You know what, Mr. Gatz, I don\u2019t think it\u2019s a matter of a rush because I\u2019ve lived in this town for 23 years now, and this town has been needing an improvement on Ogden Avenue for almost that amount of time, if not longer.\n*** And there are properties that have been vacant for fifteen years, if not more. Why? Because nobody wanted to come to Ogden Avenue because of the way it looked, because of the blighted areas. ***\n* * *\nI\u2019m not in the favor of taking anybody\u2019s property. I would love to see everybody come through this and be happy.\nAUDIENCE MEMBER: Sure you would. You haven\u2019t tried to work with us.\nTRUSTEE KRUEGER: (Addressing audience member) Yes, we have.\n* * *\n*** I know there is [szc] going to be good feelings about this and bad feelings about this, but, honestly, *** I think this is the best thing that can happen to this Village to see some progress, some development done.\nPRESIDENT VACHATA: *** I drive down Ogden Avenue and I see hard-working people. *** I see businesses that are supposed to be there.\nTRUSTEE KRUEGER: What about all the other people that you drive down \u2014 the other streets where the other 9,000 people live in this Village?\nPRESIDENT VACHATA: What does a townhouse mean to you rather than people that own a business for a hundred years down here? Do you have any feelings for anybody?\nI don\u2019t care if there\u2019s a townhouse there and what goes up here. These people work hard and you\u2019re taking their business away from them. You\u2019re walking in there\u2014\nTRUSTEE KRUEGER: Nobody is taking anything.\nPRESIDENT VACHATA: \u2014 and they\u2019re taking their business. That builder does not live in my Village. I don\u2019t owe him anything.\nTRUSTEE KRUEGER: Marie, don\u2019t yell.\n(Applause.)\nPRESIDENT VACHATA: *** You owe these people here something.\nTRUSTEE KRUEGER: And I hear that.\nYou know what? I Uve here and I pay taxes also. *** We are committed to the project, we are committed to making Lyons better.\nPRESIDENT VACHATA: You\u2019re committed to a man, one person: [Village manager] Mr. Close.\nAUDIENCE MEMBER: How much money is going in your pocket for it? Don\u2019t tell me \u2014\nTRUSTEE KRUEGER: (Addressing audience member) *** I hope your apologies are as long as your accusations, because you will be sued. You will be.\nPRESIDENT VACHATA: Hold on, hold on. There\u2019s no need\u2014 (Inaudible comments from audience)\nTRUSTEE KRUEGER: (Addressing audience member) You know what, bring them on, bring them on. You want to check out this Village, bring anybody you want in.\nTRUSTEE GATZ: Trustee, can we try to discipline ourselves?\u201d\nIn her response to defendant\u2019s motion to dismiss, plaintiff argued that the requirements of the absolute privilege adopted by this court in Krueger did not apply to immunize defendant\u2019s statement. The trial court found that defendant\u2019s statement was absolutely privileged and granted defendant\u2019s motion to dismiss plaintiff\u2019s complaint with prejudice. Plaintiff then filed a motion to reconsider, arguing that the trial court incorrectly interpreted Krueger. Plaintiff also argued, for the first time, that the trial court improperly relied on the transcript of the board meeting. After the trial court denied plaintiffs motion to reconsider, she filed this appeal.\nPlaintiff first argues that the trial court erred in relying on an uncertified, unsigned transcript of the Village of Lyons board meeting. She contends that because the court reporter did not attend the meeting and transcribed it from a videotape, she \u201cmay not have accurately transcribed what was said and by whom at the meeting,\u201d and thus, the court should not have considered it.\nWe find that plaintiff has waived this issue on appeal. Although defendant attached the transcript to her section 2 \u2014 619 motion to dismiss, plaintiff never moved to strike this transcript and never objected to it in her response to the motion to dismiss. Plaintiff first made this argument in her motion to reconsider the trial court\u2019s order granting defendant\u2019s motion to dismiss. Because plaintiff raised this argument for the first time in her motion to reconsider, she waived her right to raise this issue on appeal. Illinois Health Maintenance Organization Guaranty Ass\u2019n v. Shapo, 357 Ill. App. 3d 122, 137, 826 N.E.2d 1135, 1148 (2005); Holzer v. Motorola Lighting, Inc., 295 Ill. App. 3d 963, 978, 693 N.E.2d 446, 457 (1998) (argument raised for the first time in a motion for reconsideration is waived). Accordingly, plaintiffs challenge to the transcript is waived.\nPlaintiff next argues that the trial court erred in granting defendant\u2019s section 2 \u2014 619 motion to dismiss. Specifically, she contends that defendant\u2019s statement is not absolutely privileged because defendant does not fall within any category of the absolute privilege for legislative proceedings adopted by this court in Krueger.\nA motion to dismiss under section 2 \u2014 619(a)(9) raises \u201caffirmative matter avoiding the legal effect of or defeating the claim.\u201d 735 ILCS 5/2 \u2014 619(a)(9) (West 2002). A section 2 \u2014 619 motion to dismiss admits the legal sufficiency of the complaint and raises other defects or defenses that defeat the claim. Estate of Heanue v. Edgcomb, 355 Ill. App. 3d 645, 647, 823 N.E.2d 1123, 1127 (2005). Our review is de novo. LaSalle Bank National Ass\u2019n v. Village of Bull Valley, 355 Ill. App. 3d 629, 635, 826 N.E.2d 449, 455 (2005).\nIn Krueger, this court explained that the \u201cdefense of privilege rests upon the idea \u2018that conduct which otherwise would be actionable is to escape liability because the defendant is acting in furtherance of some interest of social importance, which is entitled to protection even at the expense of uncompensated harm to the plaintiffs reputation.\u2019 \u201d Krueger, 342 Ill. App. 3d at 473, 794 N.E.2d at 974-75, quoting W. Keeton, Prosser & Keeton on Torts \u00a7 114, at 815 (5th ed. 1984). \u201cIf the policy interest is of \u2018paramount importance, considerations of policy may require that the defendant\u2019s immunity for false statements be absolute, without regard to his purpose or motive, or the reasonableness of his conduct.\u2019 \u201d Krueger, 342 Ill. App. 3d at 473, 794 N.E.2d at 975, quoting W. Keeton, Prosser & Keeton on Torts \u00a7 114, at 816 (5th ed. 1984). Absolute privilege provides complete immunity from civil action because public policy favors the free and unhindered flow of information. Bushell v. Caterpillar, Inc., 291 Ill. App. 3d 559, 561, 683 N.E.2d 1286, 1287 (1997). See also Larson v. Doner, 32 Ill. App. 2d 471, 473, 178 N.E.2d 399, 400 (1961) (\u201c [c]ommunications absolutely privileged are those so much to the public interest that the informer should speak out his mind fully and fearlessly so that all actions in respect of words thus spoken are absolutely forbidden\u201d). The classification of absolutely privileged communication is necessarily narrow. Krueger, 342 Ill. App. 3d at 473, 794 N.E.2d at 975.\nIn the context of legislative proceedings, we adopted the absolute privilege as stated in section 590A of the Restatement in Krueger. That section provides, \u201c[a] witness is absolutely privileged to publish defamatory matter as part of a legislative proceeding in which he is testifying or in communications preliminary to the proceeding, if the matter has some relation to the proceeding.\u201d Restatement (Second) of Torts \u00a7 590A, at 254 (1977).\nPublic policy supports the application of this absolute privilege to this case. First, we recognize a conflict between two competing interests equally regarded in the law: the right of an individual to enjoy his reputation free from defamatory attacks, and the necessity in the public interest of a free and full disclosure of facts in the operation of the government. Vultaggio v. Yasko, 215 Wis. 2d 326, 332, 572 N.W.2d 450, 453 (1998). However, after balancing these interests, we find that the strong public policy of encouraging full and open citizen participation in legislative proceedings outweighs such an individual\u2019s interest in his reputation. The adoption and application of the absolute privilege in legislative proceedings allows for open and frank discussion of the issues which are the subject of the proceedings. North Coast Cable Limited Partnership v. Hanneman, 98 Ohio App. 3d 434, 439, 648 N.E.2d 875, 878 (1994). Moreover, absolute privilege in this context ensures that decision makers will be more fully informed to enact suitable legislation. See Yip v. Pagano, 606 F. Supp. 1566, 1571 (D.C. N.J. 1985), aff\u2019d, 782 F.2d 1033 (3d Cir. 1986) (adopting section 590A of the Restatement). This privilege eliminates the chilling effect of defamation suits by ensuring that citizens will be allowed to speak freely and without fear that their participation in this democratic process will result in a lawsuit. See 50 Am. Jur. 2d Libel & Slander \u00a7 275 (1995). \u201cCitizen participation in legislative proceedings is absolutely vital to ensure a fully-informed and representative legislature.\u201d Riddle v. Perry, 40 P.3d 1128, 1132 (Utah 2002) (adopting section 590A of the Restatement). Finally, absolute privilege encourages the free expression of ideas as part of the political process.\nAdditionally, the requirement that the alleged defamatory statement have \u201csome relation\u201d to the proceeding necessarily limits the application of the absolute privilege and counters the potential for abuse. See Yip, 606 F. Supp. at 1571-72. Such a requirement does not allow witnesses to publish any defamatory statements, but only those related to the issues before the legislative body. See Riddle, 40 P.3d at 1132-33. Statements that have no relation to the issues under discussion will not receive the benefit of the absolute privilege, thus protecting the allegedly defamed individuals. Therefore, because of the need to encourage citizen participation and to allow unrestrained testimony in legislative proceedings, we hold that individuals acting as legislative witnesses enjoy an absolute privilege against defamation for their statements. See Riddle, 40 P.3d at 1132.\nElaintiff contends that defendant was not a \u201cwitness\u201d at the legislative hearing and, thus, her statement does not fall within this absolute privilege. She argues that this court in Krueger \u201cunderstood the term \u2018witness\u2019 to be someone testifying under oath at the legislative proceeding.\u201d Because there is no evidence that defendant was testifying under oath in this case, plaintiff asserts, her statement is not privileged.\nFirst, plaintiff misconstrues Krueger. In that case, we never stated or implied that a person had to be under oath in order to qualify as a \u201cwitness\u201d under the absolute privilege for legislative proceedings. Further, the Restatement provides that a witness does not have to be under oath. Comment a to section 590A explains that the absolute privilege for witnesses in legislative proceedings is similar in all respects to that of witnesses in judicial proceedings, as stated in section 588. It also states that the Comments to section 588 are applicable to section 590A \u201cso far as they are pertinent.\u201d Restatement (Second) of Torts \u00a7 590A, Comment a, at 254 (1977). Comment b to section 588 provides that the absolute privilege protects a witness while testifying, but \u201c[i]t is not necessary that he give his testimony under oath; it is enough that he is permitted to testify.\u201d Restatement (Second) of Torts \u00a7 588, Comment b, at 250 (1977). Accordingly, we reject plaintiffs argument that a witness must be under oath to qualify for this privilege.\nPlaintiff also argues that a person must be subpoenaed to appear at the meeting or that her statements must be in response to direct questions from the board in order to be considered a \u201cwitness.\u201d We reject this limitation on the term \u201cwitness.\u201d As discussed above, a witness does not have to be under oath at the hearing for her statements to qualify for this privilege. Additionally, the Restatement does not place such restrictions on the privilege. Riddle, 40 P.3d at 1133. Comment c of section 588 specifically provides that \u201cthe fact that the testimony is offered voluntarily and not in response to a question [does not] prevent it from being privileged if it has some reference to the subject of the litigation.\u201d Restatement (Second) of Torts \u00a7 588, Comment c, at 251 (1977). The privilege attaches regardless of whether the material is solicited or subpoenaed and regardless of whether it is given under oath. See DeSantis v. Employees Passaic County Welfare Ass\u2019n, 237 N.J. Super. 550, 554, 568 A.2d 565, 567 (1990) (adopting and interpreting section 590A of the Restatement). See also Yip, 606 F. Supp. at 1571 (\u201cit is not necessary that a witness be subpoenaed in order to receive the protection of the privilege\u201d and it is \u201cirrelevant\u201d that a defendant\u2019s statement was not made in response to a specific question). Therefore, plaintiffs argument fails. Accordingly, we find that defendant, based on the specific facts of this case that she was an audience member at a televised meeting of the Village of Lyons board of trustees which was open to the public and where the trustees accepted and invited testimony from the audience, was a witness testifying at a legislative proceeding.\nWe next consider whether defendant\u2019s comment was sufficiently related to the legislative proceeding such that the absolute privilege applies. As discussed above, defamatory testimony is privileged only if it has \u201csome relation\u201d to the legislative proceeding at which the statement is made. The requirement that statements made in judicial proceedings, or in this case, legislative proceedings, be pertinent or relevant is not strictly applied and must be broadly interpreted. Hartlep v. Torres, 324 Ill. App. 3d 817, 819, 756 N.E.2d 371, 373 (2001); Malevitis v. Friedman, 323 Ill. App. 3d 1129, 1131, 753 N.E.2d 404, 407 (2001). See also Riddle, 40 P.3d at 1134. All doubts should be resolved in favor of a finding of pertinency. Malevitis, 323 Ill. App. 3d at 1131, 753 N.E.2d at 407. Statements will not fall within the absolute privilege only when it \u201cappear[s] that the statements are so irrelevant to the subject matter of the investigation that no reasonable man can doubt their irrelevancy and impropriety.\u201d 50 Am. Jur. 2d Libel & Slander \u00a7 296, at 589 (1995). Additionally, a witness\u2019 testimony is relevant and absolutely privileged \u201cif it has some relation to the proceeding in which he or she is testifyingf;] *** it is actionable only if it is palpably irrelevant.\u201d 50 Am. Jur. 2d Libel & Slander \u00a7 312, at 615 (1995).\nApplying these principles to the present case, we find the statement made by defendant was sufficiently related to the legislative proceeding to qualify it for an absolute privilege. The meeting agenda and the transcript show that the trustees were discussing the condemnation of the Metz property at the time defendant made her statement. The record reveals that many people, including some of the trustees and the village president, opposed the condemnation of this property while plaintiff was adamantly in favor of it. The record reflects a heated debate on this subject among the trustees with several comments interjected from audience members. The trustees allowed and entertained comments from the audience, and in fact, plaintiff directly responded to one comment from an audience member shortly before defendant made her remark. Before defendant\u2019s statement, President Vachata challenged plaintiff and accused her of being committed \u201cto a man, one person: [Village manager] Mr. Close.\u201d Defendant then made her statement asking how much money plaintiff received in exchange for her support of this project. Based on these facts, we find that her statement was sufficiently related to the subject of the meeting.\nAccordingly, we find that defendant\u2019s statement at the Village of Lyons Board Meeting was absolutely privileged. Thus, we affirm the trial court\u2019s order granting defendant\u2019s section 2 \u2014 619 motion to dismiss plaintiffs complaint.\nAffirmed.\nQUINN, J., concurs.\nIn her affidavit, defendant admits to making this statement, but no other statement during the hearing.", "type": "majority", "author": "JUSTICE THEIS" }, { "text": "JUSTICE GREIMAN,\nspecially concurring:\nI concur with the majority. However, such concurrence is based on the very narrow limited facts of this case. Here, the Board of Trustees of the Village of Lyons conducted a televised meeting which contained an audience crowded with citizens of Lyons. The trustees spoke among themselves during portions of the meeting, but allowed statements from the audience in general and responded to members of the audience when they raised issues. It was, in essence, a free-for-all meeting. Nonetheless, that is the format of the meeting which the Village of Lyons determined to conduct.\nGenerally, legislative meetings are conducted with some sense of order. Witnesses who wish to testify are often provided forms to indicate such a desire and then are called upon by the presiding officer. Generally the testimony of such witnesses is absolutely privileged; provided that the statements which are complained of are relevant to the issue at hand.\nIt must be acknowledged that the privilege extends to statements made while a witness or otherwise within the process of legislative committees; municipal finance committees; resolution relating to the suspension of city clerk; a congressional subcommittee; judicial proceedings; proceedings before municipal disciplinary boards relating to fire and police; and even to quasi-judicial arbitration proceedings. However, in none of these cases are we able to discern that there was anything other than an orderly process, witnesses being called, a chairman in charge, identified witnesses responding to the process.\nIn none of the cases cited by the majority is there any suggestion that without some appropriate process the privilege would be extended.\nIn the case at bar, while the process was certainly loose and seemingly undisciplined, it nonetheless was a process where citizens were invited to speak and the trustees responded.\nThe majority properly cites the Restatement (Second) of Torts, which provides \u201c[a] witness is absolutely privileged to publish defamatory matter as part of a legislative proceeding in which he is testifying or in communications preliminary to the proceeding, if the matter has some relation to the proceeding.\u201d Restatement (Second) of Torts \u00a7 590A, at 254 (1977).\nParticular attention should be paid to the reference in section 590A that the privilege extends to defamatory matters published \u201cas part of a legislative proceeding.\u201d (Emphasis added.) We may ask is a voice from the back of a room \u201cpart of a legislative proceeding?\u201d\nI do not believe that a citizen, whether well intentioned or not, may rise in the gallery of the Illinois General Assembly and make defamatory statements notwithstanding their relevance to the matter under debate nor do I believe a person in the audience in a legislative or municipal or government or judicial or quasi-judicial proceeding is able to yell out defamatory material beyond the process of the hearing and enjoy the privilege.\nAccordingly, the privilege afforded an individual is conditional in that it must be part of a legislative proceeding. Such a limitation on the privilege does not offend the public policy of encouraging citizen participation in legislative proceedings. While I do not intend to set forth the process necessary to invoke the privilege, it is clear that the testimony may be voluntary or subpoenaed, invited or unsolicited, under oath or without oath, in response to panel members or comments made or thought not necessarily responsive to a question. What is crucial is that the statement be \u201cpart of a legislative proceeding.\u201d Vultaggio v. Yasko, 215 Wis. 2d 326, 572 N.W.2d 450 (1998).\nIn the previous consideration of the case at bar in Krueger v. Lewis, 342 Ill. App. 3d 467 (2003), the court considered the existence of absolute privilege extended to statements to a municipal subcommittee and noted that the statements in several Illinois cases had created conditional privileges and further suggested:\n\u201cTo so hold would cloak with complete immunity from liability any person who is motivated by malice toward a public official and knows the statement to be false, so long as the statement was made in a room where a legislative meeting was in progress. This interpretation is not in accordance with the narrow application of the absolute privilege.\u201d (Emphasis in original.) Krueger v. Lewis, 342 Ill. App. 3d 467, 474 (2003).\nRiddle v. Perry, 40 P.3d 1128 (Utah 2002).\nJoseph v. Collis, 272 Ill. App. 3d 200 (1995).\nLarson v. Doner, 32 Ill. App. 2d 471 (1961).\nYip v. Pagano, 606 F. Supp. 1566 (D. N.J. 1985).\nMalevitis v. Friedman, 323 Ill. App. 3d 1129 (2001).\nHartlep v. Torres, 324 Ill. App. 3d 817 (2001).\nBushell v. Caterpillar, Inc., 291 Ill. App. 3d 559 (1997).", "type": "concurrence", "author": "JUSTICE GREIMAN," } ], "attorneys": [ "Robert K. Bush, Ellen K. Emery, and Lucy B. Bednarek, all of Ancel, Glink, Diamond, Bush, DiCianni & Rolek, EC., of Chicago, for appellant.", "Brian T. Bailey, Julie Line Bailey, and James M. Bailey, all of Bailey & Bailey, of Chicago, for appellee." ], "corrections": "", "head_matter": "PATRICIA KRUEGER, Plaintiff-Appellant, v. MARY ANN LEWIS, Defendant-Appellee.\nFirst District (4th Division)\nNo. 1\u201404\u20143472\nOpinion filed August 4, 2005.\nGREIMAN, J., specially concurring.\nRobert K. Bush, Ellen K. Emery, and Lucy B. Bednarek, all of Ancel, Glink, Diamond, Bush, DiCianni & Rolek, EC., of Chicago, for appellant.\nBrian T. Bailey, Julie Line Bailey, and James M. Bailey, all of Bailey & Bailey, of Chicago, for appellee." }, "file_name": "0515-01", "first_page_order": 533, "last_page_order": 544 }