Federal Court Rules NYU Protected by Fair Report Privilege in Defamation Lawsuit

A federal judge in Pennsylvania has dismissed a defamation lawsuit brought by former Philadelphia Assistant District Attorney Beth McCaffery against New York University and its law school. The litigation stemmed from a 2022 report published by the university that examined prosecutorial misconduct within the Philadelphia District Attorney’s Office. One specific case study in the report detailed allegations that McCaffery and another prosecutor, Richard Sax, withheld exculpatory evidence during the 2007 murder trial of Dontia Patterson. These claims originated from a motion filed by the District Attorney’s Conviction Integrity Unit when the office moved to drop charges against Patterson, citing his probable innocence.

The court’s decision hinged on the "fair report" privilege, which protects entities that accurately summarize official government proceedings and court filings. While Pennsylvania law offers a qualified privilege that can be overcome by evidence of malice, the court determined that New York law should apply because the report was produced and published by a New York-based institution. Under New York’s absolute privilege, the university is shielded from liability as long as the report provides a fair and accurate account of the underlying legal documents. The judge concluded that the NYU report clearly cited the original motion and accurately reflected its contents, thereby granting the defendants immunity from the defamation claims.