A defamation lawsuit filed by a University of Arizona graduate student against another student in 2017 should not have been dismissed by a Pima County judge, according to a decision recently announced by the Arizona Court of Appeals.
The April 24 decision reinstated Jim Collins’ defamation lawsuit against Daniel Kasper, a fellow graduate student who was also an officer of the student-run Graduate and Professional Student Council. The lawsuit alleged Kasper made defamatory statements about Collins.
However, Judge Catherine Woods of the Pima County Superior Court dismissed Collins’ lawsuit in late 2018 on the grounds that Kasper was not served a notice of claim before the legal action was initiated. A notice of a claim is required under Arizona law when someone wishes to sue an employee or official of the state or its political subdivisions -such as cities, counties, and state universities.
In Arizona, a public employee is defined as an employee of a public entity, whether compensated or not, “who is authorized to perform any act or service, except that employee does not include an independent contractor.” A public employee must be served a notice of claim within 180 days of an alleged dispute, and the claim must include a settlement demand to resolve the matter without litigation.
Kasper contended his involvement with the student council made him a “public employee” of the University of Arizona and/or the Arizona Board of Regents because the council was authorized by the university. He also argued the comments about Collins were made in Kasper’s capacity as a council officer.
Collins, on the other hand, argued Kasper was not a public employee, and that the disputed statements occurred outside the scope of the council’s duties.
Woods sided with Kasper and dismissed the lawsuit. The judge noted the student council was listed on the University’s website and its members are authorized by the board of regents to “accomplish university functions.”
But in a 3-0 vote, the appellate judges ruled there was no basis for Woods to dismiss Collins’ lawsuit. The ruling noted the dispute over whether Kasper was considered a public employee is a question for a jury to decide, along with whether there was any defamation.
The Arizona Attorney General’s Office represented Kasper in the original case and appeal, while Collins served as his own attorney. The matter will be sent back to Pima County Superior Court for further proceedings in 30 days unless the attorney general’s office petitions the Arizona Supreme Court for review of the case.
Collins once served as treasurer of the Graduate and Professional Student Council. He was arrested in 2017 on a misdemeanor disorderly conduct charge during a council event.
Court records show Collins previously sued several other graduate students, most of whom were involved in the student council. Woods dismissed Collins’ claims against 10 of those students on technical grounds, which the court of appeals upheld in September 2019.