At a packed meeting of Town Council, an irate taxpayer named Kilmer questioned the Council at length and in detail about a proposed sewer system. Exasperated with Kilmer's domination of the questioner's microphone, ( but despite the audience's contentment to let Kilmer ask questions ) one of the councilors blurted, " Kilmer, you are an idiot. In fact, you come from a long line of idiots. Can't you see that we do not have all the sewer answers yet. It is just the early stages for this." Embarrassed, Kilmer left the room. Advise Kilmer of his rights as the Plaintiff in an action. Advise the Councilor as the Defendant. Render a decision in this case.