UPPER TOWNSHIP — A judge has dismissed former township administrator Gary DeMarzo’s defamation lawsuit against a political activist but it remains in effect against two members of Township Committee.
HP Attorneys partner Colin Bell obtained the dismissal of a suit filed against client Barbara Murphy-Leary. Judgment was also entered requiring DeMarzo to pay $6,408.39 in attorney fees and costs incurred by Murphy-Leary in obtaining the dismissal.
According to DeMarzo’s lawsuit, Leary operated a Facebook page called “Politics and Promises in Upper Township and Cape May County.” According to the lawsuit, Murphy-Leary made false statements about the legality of his hiring as township administrator in April and May 2022.
DeMarzo filed the lawsuit Dec. 30, 2024, against Committeeman Zach Palombo, Committeeman Sam Palombo and Leary, claiming deprivation of legal rights.
The lawsuit claimed the defendants made defamatory remarks about DeMarzo through the Palombos’ campaign fliers and Murphy-Leary’s Facebook page, “Politics and Promises in Upper Township and Cape May County.”
It claims DeMarzo suffered “annoyance, inconvenience, stress, anxiety, humiliation, depression, physical pain and suffering, emotional distress and pecuniary loss,” and seeks compensatory and punitive damages, interest and legal fees. Bell moved to dismiss the complaint pursuant to the Uniform Public Expression Protection Act, also known as Anti-SLAPP, which was signed into law in September 2023 for the purpose of protecting citizens against strategic lawsuits against public participation (or SLAPP suits).
The law protects citizens against defamation suits when they “exercise the right of freedom of speech … on a matter of public concern.”
The motion to dismiss argued that all claims were barred by the one-year statute of limitations for defamation, DeMarzo’s complaint did not identify any actual defamatory statement by Murphy-Leary and the complaint did not allege that Murphy-Leary acted with actual malice, which is required for defamation suits concerning public figures and matters of public concern.
A Superior Court judge found that the Anti-SLAPP Law applied to DeMarzo’s complaint and issued an order requiring him to show cause why the lawsuit should not be dismissed.
Rather than defend against the motion to dismiss, DeMarzo dismissed his claims against Murphy-Leary with prejudice. She then sought fees as the prevailing party under the Anti-SLAPP Act. By order dated April 15, 2025, Superior Court Judge James Pickering Jr. found that Bell’s client was the prevailing party and ordered DeMarzo to pay the legal fees and costs she incurred.
“Citizens are entitled to question their elected and appointed government officials. The Anti-SLAPP law was designed to prevent powerful parties from silencing their critics by forcing them to defend against lawsuits attacking their protected free speech,” Bell said. “I am glad that we were able obtain the dismissal of what I believe was a baseless lawsuit and obtain an award of counsel fees so that Ms. Leary wasn’t forced to incur these counsel fees to protect her free speech rights.”
“I appreciated the work of my attorney Colin Bell and free speech prevailed,” Murphy-Leary told the Sentinel.
– STORY by CRAIG D. SCHENCK/Sentinel staff
