Supreme Court hears argument in Bressler v. Muster over immunity and allegation supervisors fabricated evaluations

The state Supreme Court heard oral argument Oct. 12, 2025, in Kenneth Bressler v. Lynn Muster et al. over whether Bressler’s complaint plausibly alleges “actual malice” or bad faith sufficient to overcome common-law immunity and survive a Rule 12(b)(6) motion to dismiss, plaintiff Kenneth Bressler told the court.

Bressler, who identified himself as the plaintiff, appellant and cross-appellee, told the justices that “an iota of legitimate government interest does not insulate supervisors from liability” and urged the court to allow discovery on his claims. He argued the complaint contains specific, verifiable allegations that supervisors fabricated evaluations and relied on inaccurate reports from co-worker Lynn Muster, citing examples in the complaint including an allegation that he was blamed for a computer error on a rescript cover and for inserting objectionable language into a draft opinion that he says he did not include.

The complaint, Bressler…