REHBERG V. PAULK

Rehberg v. Paulk

Abstract

This paper briefly discusses the criminal law case of Rehberg v. Paulk. The case was initially filed against Rehberg for sending harassing emails to Phoebe Putney Memorial Hospital's administrative personnel. The indictments presented by Paulk and Hodges were dismissed and Rehberg then filed a civil suit against them. The case is significant to every citizen of America as it has to do with the privacy of their emails and the ruling for immunity of government officials.Rehberg v. Paulk

Introduction

The case under discussion if that of Rehberg v. Paulk, No. 10-788. There were three major parties involved in the case; Charles Rehberg (a forensic accountant), Chief Investigator James Paulk, and former Georgia District Attorney Kenneth Hodges. Rehberg was the initial defendant, but later, it was Paulk and Hodges who took the role of defendants (Oyez, 2011). The question that this paper seeks to answer is whether government officials who are acting as 'complaining witness' by presenting false testimony against an innocent citizen is entitled to absolute immunity. This entitlement is with respect to the claim for civil damages from a Section 1983.

Discussion

Facts of Case

Charles Rehberg found evidence that there was a prevalence of unethical billing practices at the Phoebe Putney Memorial Hospital. The hospital is located in Albany, Georgia. After discovering the unethical practices, he resorted to sending chains of anonymous fax mails to the hospital. The hospital reported the faxes to the authorities. From mere interest, Chief Investigator James Paulk and a former District Attorney Kenneth Hodges started an investigation. The emails and faxes sent by Rehberg were harassing and attacked the hospital's administrators. During their investigation, Paulk and Hodges contacted Rehberg's Internet service provider. They asked for copies of emails and after obtaining the same, gave them to private investigators. After receiving substantial proof against Rehberg, ...