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Cited Statutes Annotation
2010 Ky. LEXIS 82 61.870 Kentucky Lottery Corporation did not have absolute privilege with respect to a termination memo in a defamation claim by discharged employees. The employees’  alleged more than the simple disclosure of documents prepared in the regular course of business and placed in their personnel files; they presented evidence that their supervisors maliciously created defamatory memoranda so that they would be subject to an open records disclosure, and concealed the existence of the documents to impede the employees’ ability to invoke an exemption to the Open Records Act, KRS 61.870 et. seq. Hill v. Ky. Lottery Corp., 2010 Ky. LEXIS 82 (Ky. Apr. 22, 2010), sub. op., 327 S.W.3d 412, 2010 Ky. LEXIS 317 (Ky. 2010), modified, 2010 Ky. LEXIS 318 (Ky. Dec. 16, 2010). Link
Hill v. Kentucky Lottery Corp. 61.870 Absolute privilege does not extend so far as to cloak with immunity one who, with a malicious purpose and under no legal compulsion to do so, creates defamatory material with the expectation that it would be published. Therefore, in a defamation case, a former employer was unable to argue that it was absolutely privileged because it was required to release a termination memorandum under the Kentucky Open Records Act. Hill v. Ky. Lottery Corp., 327 S.W.3d 412, 2010 Ky. LEXIS 317 (Ky. 2010). Link
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