Tolan

MEMORANDUM *

John Tolan and Jane Tolan (“Appellants”) appeal the district court’s grant of summary judgment on their defamation claim to the State of Washington, the Washington State Patrol, the Clallam County Superior Court, Mollie Lingvall, and the Clallam County Sheriffs Office (“Appellees”). We affirm the grant of summary judgment. Because the facts are known to the parties, we do not review them here.

Appellants did not allege facts sufficient to raise a genuine issue of material fact with regard to the unprivileged communication element of a defamation claim under Washington law. See Mohr v. Grant, 158 Wash.2d 812 , 108 P.3d 768, 773 (2005). The undisputed facts established that Appellees had a qualified privilege because they made the statements in the ordinary course of their official duties. See Wood v. Battle Ground School Dist., 107 Wash. App. 550 , 27 P.3d 1208, 1219 (2001); Gilman v. MacDonald, 74 Wash.App. 733 , 875 P.2d 697, 700 (1994) (citing Getchell v. Auto Bar Sys. Nw., Inc., 73 Wash.2d 831 , 440 P.2d 843, 847 (1968)). Appellants failed to produce clear and convincing evidence that Appellees lost this privilege by acting with malice. See Doe v. Gonzaga Univ.,…