Both complaints were later withdrawn. After the Board was dismissed from the action on its motion for summary judgment, a trial was commenced before a jury. At the close of plaintiff's proofs, defendant moved for an involuntary dismissal on the ground that there was insufficient proof to support any of plaintiff's claims. We address first defendant's argument that the defamation claim should not have been submitted to the jury because plaintiff did not allege a defamatory statement by defendant. Plaintiff's defamation claim was based solely on defendant's filing of the criminal complaint which he contends falsely accused him of criminal trespass.
Criminal complaints are absolutely privileged.
Such complaints are privileged in order to protect the public interest in freedom of access to the courts. However, the filing of a criminal complaint containing the same false imputation exonerates the publisher from liability for defamation because of the absolute privilege. It is not that the statement is not defamatory, but that its publication is privileged. Of course, the party injured by the statement may still assert a claim for malicious prosecution based on the complaint. Accordingly, based on the absolute privilege accorded defendant's filing of the criminal trespass complaint, the defamation claim should not have been submitted to the jury.