BOSTON (CN) – A college employee did not prove intentional infliction of emotional distress when a fraternity exposed his past legal troubles to the media, the 1st Circuit ruled.
David Fiacco ran the Office of Community Standards at the University of Maine at Orono. He investigated the Sigma Alpha Epsilon fraternity for misconduct.
The fraternity turned the tables by hiring someone to investigate Fiacco. The investigation turned up a DUI conviction and a restraining order from an ex-girlfriend.
Judge Torruella agreed with the district court’s decision to grant the fraternity’s motion for summary judgment. Fiacco’s status as a public official required him to that the fraternity acted with actual malice.
Also, the fraternity did not make a false statement against Fiacco, because the restraining order reads, “you have committed an act of violence against the plaintiff, or have threatened to do so.”